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5. Every adjournment, stating on whose application and to what time;

6. The judgment of the court and when returned;

7. A Statement of any money paid to the justice, when, and by whom; and the date of the issuance of any abstract of the judgment;

8. The date of the receipt of a notice of appeal, if any be given, and of the appeal bond, if any be filed.-1921-119.

927f. No claim shall be filed or prosecuted in such small claims court by the assignee of such claim.-1921-119.

927g. No attorney-at-law or other person than the plaintiff and defendant shall take any part in the filing or the prosecution or defense of such litigation in the small claims court. The plaintiff and defendant shall have the right to offer evidence in their behalf by witnesses appearing at such hearing, or at any other time. The justice may also informally make any investigation of the controversy between the parties either in or out of court and give judgment and make such orders as to time of payment or otherwise as may, by him, be deemed to be right and just.-1921-119.

927h. No formal pleading, other than the said claim and notice, shall be necessary and the hearing and disposition of all such actions shall be informal, with the sole object of dispensing speedy justice between the parties. No attachment or garnishment shall issue from the small claims court, but execution may issue in the manner prescribed in chapter nine, Code of Civil Procedure of the State of California.-1921-119.

927i. If the judgment or order be against the defendant, he shall pay the same forthwith or at such times and upon such terms and conditions as the justice shall prescribe.--1921-120.

927j. The judgment of said court shall be conclusive upon the plaintiff. If the defendant is dissatisfied, he may, within five days from the entry of said judgment against him, appeal to the superior court of the county in which said court is held, and if final judgment is rendered against him in such superior court, then he shall pay, in addition to said judgment, an attorney's fee to the plaintiff in the sum of fifteen dollars ($15).-1921-120.

927k. The defendants' appeal may be taken by filing in the small claims court a statement substantially in the following terms: In the small claims court of

county

of..

VS.

State of California.

Plaintiff,

Defendant.

Comes now the defendant and appeals from the judgment of the above entitled court in the above entitled action, to the superior court in and for the above named county and state.

Dated this..........

..day of...

19..

Appellant.

-1921-120.

9271. The statement mentioned in the last section shall be accompanied by a bond substantially in the following form: In the small claims court of..

county

of.

Plaintiff,

VS.

State of California.

Defendant.

Whereas the above entitled court in the above entitled action did on the ....day of.. 19., enter judgment in favor of the plaintiff and against the defendant in the sum of $..

; and

Whereas the defendant is about to appeal to the superior court of the State of California in and for the above named county;

Now, therefore, the undersigned does undertake and promise that if said judgment is affirmed that then and in that event the undersigned will pay said judgment and also fifteen dollars as an attorney fee to the said plaintiff on demand.

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the surety named in the above bond, being duly sworn, says that he is a.. ...holder and resident within said state and is worth the sums hereinabove mentioned, over and above all his debts and liabilities, exclusive of property exempt from execution.

Subcribed and sworn to before me this.

..day of

19........

-1921-120.

927m. If no appeal be taken by the defendant and the defendant fails to pay the judgment according to the terms and conditions thereof, the justice before whom such a hearing was had, shall, on application of the plaintiff, certify such judgment in substantially the following form:

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ABSTRACT OF JUDGMENT.

In the above entitled court and action on the...

19.

..day of

judgment was entered for plaintiff for $. ; that no appeal from said judgment has been taken. Dated this............day of....

19.........

Justice of said court. 1921-121.

927n. 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 date of the receipt of the abstract by the clerk must be noted by him thereon, and entered in the docket.-1921-121.

9270. The board of supervisors of every county wherein said small claims courts shall exist, shall furnish to every justice of the peace in such county a reasonable supply of various blank forms set forth in this title, also all forms, docket book and stationery necessary for the use of such justice sitting as a small claims court.-1921-121.

927p. No fee or charge of any kind or nature shall be charged or collected by any officer for any service rendered under this title. But the justice may, in the manner provided by law, make a claim against the county to reimburse him for moneys expended for postage stamps and registry charges of the post office department when the said justice was sitting as such small claims court; provided, that in those counties where the compensation of justices of the peace consists of fees allowed by law, the justice of the small claims court may charge and collect the same fees which a justice of the peace may charge and collect and no others.-1921-121.

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929. Civil actions in police courts are commenced by filing a complaint, setting forth the violation of the ordinance complained of, with such particulars of time, place, and manner of violation as to enable the defendant to understand distinctly the character of the violation complained of, and to answer the complaint. The ordinance may be referred to by its title. The complaint must be verified by the oath of the party complaining, or of his attorney or agent.

930. Immediately after filing the complaint a summons must be issued, directed to the defendant, and returnable either immediately or at any time designated therein, not exceeding four days from the date of its issuing.

931. On the return of the summons, the defendant may answer the complaint. The answer may be oral or in writing, and immeddiately thereafter the case must be tried, unless, for good cause shown, an adjournment is granted.

932. In all actions for violation of an ordinance, where the fine, forfeiture, or penalty imposed by the ordinance is less than fifty dollars, the trial must be by the court. In actions where the fine, forfeiture, or penalty imposed by the ordinance is over fifty dollars, the defendant is entitled to a trial by jury.

933.

All proceedings in civil actions in police courts must, except as in this title otherwise provided, be conducted in the same manner as civil actions in justices' courts.

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936. Judgment and orders may be 950. Records furnished on appeal

reviewed.

937. Orders made out of court,
without notice, may be re-
viewed by the judge.
938. Party aggrieved may appeal.
Names of parties.

939. Time when appeal may be
taken. If proceedings for
new trial are pending.

940. Notice of appeal.

941. If person appealing dies. 942. Undertaking on appeal from

a money judgment.

from final judgment.

951. On appeal from judgment on appeal.

952. On appeal from order grant-
ing new trial.

953. Certification of copies.
953a. Appeals from superior court.

In lieu of bill of exceptions.
Phonographic report of trial.
Transcript presented to judge.
Additional matters in trans-
cript. Respondents may re-
quire additions.

943. Appeal from a judgment for 953b. Appellant shall file under

delivery of documents.

944. Appeal from a judgment

directing execution of a con-
veyance, etc.

taking.

953c. Clerk to transmit the pre

pared record on appeal.
Court may extend time.

045. Undertaking on appeal con- 954. When an appeal may be dis

cerning real property. 946. Pending appeal. Release of

property under levy on appeal. Security required. Attachment not continued. 947. Undertaking may be in one instrument or several. 948. Justification of sureties on

undertakings on appeal. 949. Stay of proceedings on perfecting appeal. Exception when building declared nui

sance.

missed. When not. 955. Effect of dismissal. 956. What may be reviewed on appeal from judgment. 957. Kemedial powers of an appellate court.

958. Certification of judgments on appeal.

959. Provisions of this chapter not applicable to appeals to superior courts.

936. A judgment or order, in a civil action, except when expressly made final by this code, may be reviewed as prescibed in this title, and not otherwise.

937. An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made.

938. Any party aggrieved may appeal in the cases prescribed in this title. The party appealing is known as the appellant, and the adverse party as the respondent.

939. An appeal may be taken from any judgment or order of a superior court from which an appeal lies under any provision of this code, or of any other code, or under any other statute, within sixty days from the entry of said judgment or order. No appeal, however, shall be dismissed on the ground that it was taken after the rendition of such judgment or order and before formal entry. If proceedings on motion for a new trial are pending, the time for appeal from the judgment shall not expire until thirty days after entry in the trial court of the order determining such motion for a new trial, or other termination in the trial court of the proceedings upon such motion.-1915-205.

940. An appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, as some specific part thereof.

-1921-193.

941. In the event of the death of any person having at his death a right of appeal the attorney of record representing the decedent in the court in which the judgment was rendered may appeal therefrom at any time before the appointment of an executor or an edministrator of the estate of the decedent.-1921-193.

942. If the appeal be from a judgment or order directing the payment of money, it does not stay the execution of the judgment or order unless a written undertaking be executed on the part of the appellant, by two or more sureties, to the effect that they are bound in double the amount named in the judgment or order; that if the judgment or order appealed from or any part thereof be affirmed, or the appeal be dismissed, the appellant will pay the amount directed to be paid by the judgment order, or the part of such amount as to which the judgment or order is affirmed, if affirmed only in part, and all damages and costs which may be awarded against the appellant upon the appeal, and that if the appellant does not make such payment within thirty days after the filing of the remittitur from the supreme court in the court from which the appeal is taken, judgment may be entered on motion of the respondent in his favor against the sureties for such amount, together with the interest that may be due thereon, and the damages and costs which may be awarded against the appellant upon the appeal. If the judgment or order appealed from be for a greater amount than two thousand dollars, and the sureties do not state in their affidavits of justification accompanying the undertaking that they are each worth the sum specified in the undertaking, the stipulation may be that the judgment be entered against the sureties shall be for such amounts only as in their affidavits they may state that they are severally worth, and judgment may be entered against the sureties by the court from which the appeal is taken, pursuant to the stipulations herein designated. When the judgment or order appealed from is made payable in a specified kind of money or currency, the judgment entered against the sureties upon the undertaking must be made payable in the same kind of money or currency.-1873-336.

943.

If the judgment or order appealed from direct the assignment or delivery of documents or personal property, the execution of the judgment or order cannot be stayed by appeal, unless the

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