order; or, if such order is not obeyed, the account or instrument cannot be given in evidence. 887. If the complaint of the plaintiff, or the answer of the defendant, contains a copy, or consists of the original of the written obligation upon which the action is brought or the defense founded, the genuineness and due execution of such instrument are deemed admitted, unless the answer denying the same is verified, or unless the plaintiff, within two days after the service on him of such answer, files with the justice an affidavit denying the same, and serves a copy thereof on the defendant.-1907-880.. Section CHAPTER VIII. Judgments (Other than by Default) in Justices' Courts. 889. Judgment by confession. ed in certain cases without Section 895. Offer to compromise before trial. 896. Costs may be included in the judgment. 890a. Entry of judgment of dis- 897. Abstract of judgment. missal. 891. Judgment upon verdict. 892. Entry of judgment in thirty days. 893. Form of justice's judgment. Notice. 894. If the sum found due exceeds the jurisdiction of the jus- 898. Abstract may be filed and docketed in superior court. 899. Docketing of judgments. 900. Judgment no lien unless recorded. 900a. Correction of clerical mistakes in judgment. 889. Judgments upon confession may be entered up in any justice's court specified in the confession. 890. Judgment that the action be dismissed, without prejudice to a new action, may be entered with costs, in the following cases: 1. When the plaintiff voluntarily dismisses the action before it is finally submitted; or fails to prosecute the action to judgment with reasonable diligence; provided a counterclaim has not been made, or affirmative relief sought by the cross-complaint or answer of the defendant; if a provisional remedy has been allowed, the undertaking must thereupon be delivered by the justice of the peace to the defendant who may have his action thereon; 2. When he fails to appear at the time specified in the summons, or at the time to which the action has been postponed, or within one hour thereafter; 3. When, after a demurrer to the complaint has been sustained, the plaintiff fails to amend it within the time allowed by the court; 4. When the action is brought in the wrong county, or township, or city.-1905-44. 890a. Judgment of dismissal must be entered whenever the plaintiff fails to bring the action to trial within two years after the case is brought to an issue of law or fact, except where the parties have stipulated in writing that the time may be extended; pr vided, however, that in any action pending when this act takes effect, a judgment of dismissal shall not be entered under the direction hereof sooner than January 22, 1920.-1919-137. 891. When a trial by jury has been had, judgment must be entered by the justice at once, in conformity with the verdict. 892. When the trial is by the court, judgment must be entered within thirty days after the submission, and no justice of the peace who is paid a salary, shall draw or receive any monthly salary unless he shall make and subscribe an affidavit before an officer entitled to administer oaths, that no cause in his court remains pending and undecided, that has been submitted for a decision for a period of thirty days.-1913-77. 893. The judgment of a justice of the peace must be entered substantially in the form required in section six hundred and sixtyseven, and where the defendant is subject to arrest and imprisonment thereon the fact must be stated in the judgment. No judgment shall have effect for any purpose until so entered. Notice of the rendition of judgment must be given to the parties to the action in writing signed by the justice. Where any of the parties are represented by an attorney, notice shall be given to the attorney. Said notice shall be served by mail or personally, and shall be substantially in the form of the abstract of judgment required in section eight hundred and ninety-seven of this code. When served by mail the justice of the peace shall deposit copies thereof in a sealed envelope in the post-office not later than five days after the rendition of the judgment, addressed to each of the persons on whom notice is to be served at their place of residence, or place of business if on an attorney, and the postage prepaid thereon. When served personally said notice shall be served within five days after the rendition of the judgment. Entry of the date of mailing shall be made by the justice in his docket.-1915-1441. 894. When the amount found due to either party exceeds the sum for which the justice is authorized to enter judgment, such party may remit the excess, and judgment may be rendered for the residue. 895. If the defendant, at any time before the trial, offers, in writing, to allow judgment to be taken against him for a, specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued; but if he does not accept such offer before the trial, and fails to recover in the action a sum in excess of the offer, he cannot recover costs incurred after the offer, but costs must be adjudged against him, and, if he recovers, be deducted from his recovery. The offer and failure to accept it cannot be given in evidence nor affect the recovery, otherwise than as to costs.-1907-881. 896. The justice must tax and include in the judgment the costs allowed by law to the prevailing party. 897. The justice, on the demand of a party in whose favor judgment is rendered, must give him an abstract of the judgment in substantially the following form (filling blanks according to the facts): State of California, county (or city and county), plaintiff, VS. -, defendant. In justice's court, before justice of the township (or city, or city and county), 18(inserting date of abstract). Judgment entered for plaintiff (or de peace, day of fendant) for $on the I certify that the foregoing is a correct abstract of a judgment rendered in said action in my court, —, or (as the case may be) in the court of justice of the peace, as appears by his docket, now in my possession, as his successor in office. Justice of the Peace.-1880-19. 9 898. The abstract may be filed in the office of the county clerk of the county in which the judgment was rendered, and the judgment docketed in the judgment-docket of the superior court thereof. The time of the receipt of the abstract by the clerk must be noted by him thereon, and entered in the docket.-1880-20. 899. From the time of docketing in the county clerk's office execution may be issued thereon by the county clerk to the sheriff of any county of the state other than the county in which the judg ment was rendered in the same manner and with like effect as if issued upon a judgment of the superior court. Upon the return of the execution, the county clerk shall cause the same to be filed with the justice of the peace who issued the abstract of judgment. -1919-239. 900. A judgment rendered in a justice's court creates no lien upon any lands of the defendant, unless such an abstract is filed in the office of the recorder of the county in which the lands are situated. When so filed, and from the time of filing, the judgment becomes a lien upon all the real property of the judgment debtor, not exempt from execution, in such county, owned by him at the time, or which he may afterward, and before the lien expires. acquire. The lien continues for two years, unless the judgment be previously satisfied. At any time before the expiration of two years from the time of filing such abstract of judgment, and while the judgment is yet in force or unsatisfied, a successive abstract of such judgment may be likewise filed, and it shall have the effect of continuing such lien for a further period of two years from the time of filing the subsequent abstract of judgment; provided, however, that no such lien shall continue or be in force after five vears from the time of the redition of such judgment.-1911-398. 900a. The justice shall have power upon motion of the injured party and notice to the adverse party to correct any clerical mistakes in his judgment as entered, so as to conform to the judgment ordered. Said justice shall have power to set aside any void judgment upon motion of either party to the action after notice to the adverse party, and thereupon said action shall be treated as if no judgment had been entered.-1919-730. Section CHAPTER IX. Executions from Justices' Courts. Section 901. Execution may issue at any 903. Renewal of execution. 901. Execution for the enforcement of a judgment of a justice's court may be issued by the justice who entered the judgment, or his successor in office, on the application of the party entitled thereto, at any time within five years from the entry of judgment. 901a. The court, or any justice thereof, may stay the execution of any judgment, including any judgment in a case of forcible entry or unlawful detainer, for a period not exceeding ten days.-1907-35. 902. The execution must be directed to the sheriff or to a constable of the county in which it is to be served, and must be subscribed by the justice and bear date the day of its delivery to the officer. It must intelligibly refer to the judgment, by stating the names of the parties, and the name of the justice before whom, and of the county and the township or city where, and the time when it was rendered; the amount of judgment, if it be for money; and, if less than the whole is due, the true amount due thereon. It must contain, in like cases, similar directions to the sheriff or constable, as are required by the provisions of title nine, part two, of this code, in an execution to the sheriff.-1921-123. 903. An execution may, at the request of the judgment creditor, be renewed before the expiration of the time fixed for its return, by the word "renewed" written thereon, with the date thereof, and subscribd by the justice. Such renewal has the effect of an original issue, and may be repeated as often as necessary. If an execution is returned unsatisfied, another may be afterwards issued. 904. The sheriff or constable to whom the execution is directed must execute the same in the same manner as the sheriff is required by the provisions of title nine, part two, of this code, to proceed upon executions directed to him; and the constable, when the execution is directed to him, is vested for that purpose with all the powers of the sheriff. 905. The sections of this code, from seven hundred fourteen to seven hundred twenty-one, both inclusive, are applicable to justices' courts, the word "constable" being substituted, to that end, for the word "sheriff," whenever the writ is directed to a constable, and the word "justice" for "judge." If the judgment debtor. does not reside in the county wherein the judgment was entered, an abstract of the judgment, in the form prescribed by section eight hundred ninety-seven, may be filed in the office of the justice of any town, township, or city wherein the defendant resides, and such justice may issue execution on such judgment, and may take and exercise such jurisdiction in proceedings supplemental to execution, as if such judgment were originally entered in his court. Where an execution issued by a justice of the peace is to be served out of the county in which it was issued, the execution shall have attached to it a certificate under seal, by the county clerk of such county to the effect that the person issuing the same was an acting justice of the peace of said county at the date of the writ. Thereafter such execution may be served and levied against any property in any county of the state by the sheriff or any constable therein. -1921-123. Section CHAPTER X. Contempts in Justices' Courts. 906. Contempts a justice may punish for. 907. Proceedings for contempts. 908. Same. Section 909. Punishments for contempts. 910. The conviction must be entered in the docket. 906. A justice may punish as for contempt, persons guilty of the following acts, and no other: 1. Disorderly, contemptuous, or insolent behavior toward the justice while holding court, tending to interrupt the due course of a trial or other judicial proceeding; 2. A breach of the peace, boisterous conduct, or violent disturbance in the presence of the justice, or in the immediate vicinity of the court held by him, tending to interrupt the due course of a trial or other judicial proceeding; 3. Disobedience or resistance to the execution of a lawful order or process made or issued by him; 4. Disobedience to a subpoena duly served, or refusing to be sworn or to answer as a witness; 5. Rescuing any person or property in the custody of an officer by virtue of an order or process of the court held by him; 6. Any of the acts specified in subdivisions four, eight, or eleven, of section twelve hundred and nine.-1907-881. 907. When a contempt is committed in the immediate view and presence of the justice, it may be punished summarily; to that end an order must be made, reciting the facts as they occurred, and adjudging that the person proceeded against is thereby guilty of contempt, and that he be punished as therein prescribed. 908. When the contempt is not committed in the immediate view and presence of the justice, a warrant of arrest may be issued by such justice, on which the person so guilty may be arrested and brought before the justice immediately, when an opportunity to be heard in his defense or excuse must be given. The justice may, thereupon, discharge him, or may convict him of the offense. 909. A justice may punish for contempts, by fine or imprisonment, or both; such fine not to exceed, in any case, one hundred dollars, and such imprisonment one day. 910. The conviction specifying particularly the offense and the judgment thereon, must be entered by the justice in his docket. |