governing the determination of questions of law and fact, so far as the same may be applicable; and may dismiss the proceedings if the statement of the cause or causes of the contest is [in] sufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the court must pronounce judgment in the premises, either confirming or annulling and setting aside such election. En. March 11, 1872. Cal.Rep.Cit. 65, 286; 121, 479. § 1123. Court may declare who was elected. If in any such case it appears that another person than the one returned has the highest number of legal votes, the court must declare such person elected. En. March 11, 1872. Cal.Rep. Cit. 128, 284. § 1124. Fees of officers and witnesses. (Repealed.) En. March 11, 1872. Rep. 1880, 76. § 1125. Costs. If the proceedings are dismissed for insufficiency, or want of prosecution, or the election is by the court confirmed, judgment must be rendered against the party contesting such election, for costs, in favor of the party whose election was contested; but if the election is annulled and set aside, judgment for costs must be rendered against the party whose election was contested, in favor of the party contesting the same. Primarily, each party is liable for the costs created by himself, to the officers and witnesses entitled thereto, which may be collected in the same manner as similar costs are collected in other cases. En. March 11, 1872. Am'd. 1880, 75. Cal.Rep.Cit. 65, 286; 127, 33. Costs, in special proceedings: Ante, secs. 1022, subd. 4, 1024; generally: Ante, secs. 1021 et seq. § 1126. Appeal. Either party, aggrieved by the judgment of the court, may appeal therefrom to the supreme court, as in other cases of appeal thereto from the superior court. En. March 11, 1872. Am'd. 1880, 75. Cal.Rep.Cit. 79, 483; 114, 98; 125, 528. Appeals to supreme court: Ante, sec. 963; appeals, generally: Ante, secs. 936 et seq. § 1127. When election void and office vacant. Whenever an election is annulled or set aside by the judgment of the superior court, and no appeal has been taken within ten days thereafter, the commission, if any has issued, is void, and the office vacant. En. March 11, 1872. Am'd. 1880, 76. Cal.Rep.Cit. 111, 420; 114, 96; 129, 327; 134, 152. Subd. 1111, 420. TITLE III. OF SUMMARY PROCEEDINGS. Chapter I. Confession of Judgment Without Action, §§ 1132-1135. § 1132. § 1133. § 1134. § 1135. II. III. IV. Submitting a Controversy Without Action, §§ 1138-1140. Discharge of Persons Imprisoned on Civil Process, §§ 1143-1154. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases, §§ 1159-1179. CHAPTER I. CONFESSION OF JUDGMENT WITHOUT ACTION. Judgment may be confessed for debt due or contingent liability. Statement in writing and form thereof. Filing statement and entering judgment. § 1132. Judgment may be confessed for debt due or contingent liability. A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such judgment may be entered in any court having jurisdiction for like amounts. En. March 11, 1872. Cal.Rep.Cit. 134, 672. Prac. Act, sec. 374. Cal.Rep.Cit. 18, 531. En. April 29, 1851. Judgment by confession, in justice's court: Secs. 112, subd. 6, 114, 889, ante, 1135, post. § 1133. Statement in writing and form thereof. A statement in writing must be made, signed by the defendant, and verified by his oath, to the following effect: 1. It must authorize the entry of judgment for a specified sum; 2. If it be for money due, or to become due, it must state concisely the facts out of which it arose, and show that the sum confessed therefor is justly due, or to become due; 3. If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and show that the sum confessed therefor does not exceed the same. En. March 11, 1872. Prac. Act, sec. 375. En. April 29, 1851. Cal.Rep.Cit. 18, 581. § 1134. Filing statement and entering judgment. The statement must be filed with the clerk of the court in which the judgment is to be entered, who must indorse upon it, and enter in the judgment book, a judgment of such court for the amount confessed, with ten dollars costs. The statement and affidavit, with the judgment indorsed, thereupon becomes the judgment roll. En. March 11, 1872. Prac. Act, sec. 376. En. April 29, 1851. Cal.Rep.Cit. 18, 581. § 1135. How, in justices' courts. In a justice's court, where the court has authority to enter the judgment, the statement may be filed with the justice, who must thereupon enter in his docket a judgment of his court for the amount confessed, with three dollars costs. If a transcript of such judgment be filed with the county clerk, a copy of the statement must be filed with it. En. March 11, 1872. Justice's court: Ante, secs. 112, subd. 6, 114, 889. CHAPTER II. SUBMITTING A CONTROVERSY WITHOUT ACTION. § 1138. § 1139. § 1140. § 1138. Controversy, how submitted without action. Judgment on, as in other cases, but without costs prior to notice of trial. Judgment may be enforced or appealed from as in an action. Controversy, how submitted without action. Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction, if an action had been brought; but it must appear, by affidavit, that the controversy is real, and the proceedings in good faith, to determine the rights of the parties. The court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending. En. March 11, 1872. Cal. Rep.Cit. 68, 285; 72, 134; 72, 144; 77, 513; 88, 408; 95, 334; 99, 148; 99, 556; 102, 139; 104, 517; 107, 465; 109, 397; 109, 577; 111, 425; 111, 427; 116, 21; 118, 40; 121, 562; 131, 411; 135, 513; 136, 64. Prac. Act, sec. 377. En. April 29, 1851. Cal.Rep.Cit. 20, 73; 20, 680. § 1139. Judgment on, as in other cases, but without costs prior to notice of trial. Judgment must be entered in the judgment book as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy of the judgment, constitute the judgment roll. En. March 11, 1872. Cal.Rep.Cit. 135, 513. Prac. Act, sec. 378. En. April 29, 1851. Judgment roll: Ante, sec. 670. § 1140. Judgment may be enforced or appealed from as in an action. The judgment may be enforced in the same manner as if it had been rendered in an action, and is in the same manner subject to appeal. En. March 11, 1872. Cal. Rep. Cit. 68, 285; 88, 408; 135, 513. Prac. Act, sec. 379. En. April 29, 1851. § 1150. § 1151. § 1152. 1153. § 1154. Order of discharge. If not discharged, prisoner may again apply, when. Judgment remains in force. Plaintiff may order discharge of the prisoner, who shall not thereafter be liable to imprisonment for the same cause of action. Plaintiff to advance funds for support of prisoner. § 1143. Persons confined may be discharged. Any person confined in jail on an execution issued on a judgment rendered in a civil action, must be discharged therefrom upon the conditions in this chapter specified. En. March 11, 1872. Cal.Rep.Cit. 75, 581; 75, 582; 79, 216. 1144. Notice of application. Such person must cause a notice in writing to be given to the plaintiff, his agent, or attorney, that at a certain time and place he will apply to a judge of the superior court of the county in which such person may be confined for the purpose of obtaining a discharge from his imprisonment. En. March 11, 1872. Am'd. 1880, 114. § 1145. Service of notice. Such notice must be served upon the plaintiff, his agent or attorney, one day at least before the hearing of the application. En. March 11, 1872. Service of notice: Ante, sec. 1015. § 1146. Examination before judge. At the time and place specified in the notice, such person must be taken before such judge, who must examine him under oath concerning |
