[2 Cal. 308; 3 Cal. 89; 4 Cal. 106; 5 Cal. 62; 8 Cal. 510; 9 Cal. 67, 76, 207, 247; 22 Cal. 651; 23 Cal. 461; 24 Cal. 167, 179, 354, 364; 25 Cal. 11, 49, 59, 478; 26 Cal. 279, 524: 27 Cal. 107, 300, 337, 376, 415, 491; 28 Cal. 151, 219, 301, 409; 30 Cal. 123, 509; 32 Cal, 171, 304, 655.]

Hearing of motion.

Decision in writing.

§ 196. The application for a new trial shall be made at the earliest period practicable after filing the affidavit or statement, and the court or judge granting or refusing a new trial shall state in writing the grounds upon which the same is granted or refused. (a) [Amendment, approved April 20, 1863, 360.

[27 Cal. 413; 28 Cal. 99; 32 Cal. 655.]

which the right to move was to be deemed waived. It provided what the statement should contain, how settled if not agreed to, what might be referred to on argument, and for counter-affidavits.

It was amended May 20, 1861, 590, so as to read like the amendment below referred to as that of March 24, 1864, except that it did not provide for proceedings before commissioners, for the notice containing the grounds of the motion, or for the particularization of insufficiency of evidence.

It was again amended April 27, 1863, 643, so as to read like the amendment of March 24, 1864, except that the punctuation was, in several respects, different, making the section confused.

The amendment of March 24, 1864; 1863-4, 246 was the same as the text except in the first sentence, which read as follows: "The party intending to move for a new trial shall give notice of the same as follows: When the action has been tried by a jury, within five days after the rendition of the verdict, and when the action has been tried by the court or by a commissioner or a referee, within ten days after receiving written notice of the rendering of the decision of the judge, or the filing of the report of the commissioner or referee."

(a) The original section did not contain the last clause of the text commencing with the words and the court or judge."

CHAPTER VIII

THE MANNER OF GIVING AND ENTERING JUDGMENT.

When judgment to be entered.

§ 197. When trial by jury has been had, judgment shall be entered by the clerk, in conformity to the verdict, within twenty-four hours after the rendition of the verdict, unless the court order the case to be reserved for argument, or further consideration, or grant a stay of proceedings.

[1 Cal. 409, 478; 2 Cal. 183; 5 Cal. 493; 28 Cal. 68; 32 Cal, 488. As to the rate of interest on a judgment after the entry thereof, see post, 732.]

Argument of cases reserved.

§ 198. When the case is reserved for argument or further consideration, as mentioned in the last section, it may be brought by either party before the court for argument. (a) Amendment, passed May 15, 1854, 84; took effect July 1,

1854.

Judgment for defendant on counter claim, etc.

§ 199. If a counter claim, established at the trial, exceed the plaintiff's demand, so established, judgment for the defendant shall be given for the excess; or if it appear that the defendant is entitled to any other affirmative relief, judgment shall be given accordingly.

(a) The original section had the words "at the first special term " at the end of the text.

Judgment in replevin. Specific contracts.

§ 200. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession, or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof, in case a return cannot be had, and damages for taking and withholding the same. In an action on a contract or obligation in writing, for the direct payment of money, made payable in a specified kind of money or currency, judgment for the plaintiff, whether the same be by default or after verdict, may follow the contract or obligation, and be made payable in the kind of money or currency specified therein; and in an action against any person for the recovery of money received by such person in a fiduciary capacity, or to the use of another, judgment for the plaintiff, whether the same be by default, or after verdict, may be made payable in the same kind of money or currency so received by such person. (a) [Amendment, approved April 27, 1863, 687, took effect from passage.

[24 Cal. 147.

Specific contract decisions, 25 Cal. 404, 502, 564, 591; 26 Cal. 46, 581; 27 Cal. 80, 153, 346, 495, 498; 28 Cal. 212, 276, 281, 288; 29 Cal. 273, 278; 30 Cal. 180; 31 Cal. 78; 32 Cal. 111, 145, 269.]

Judgment book.

$201. The clerk shall keep among the records of the court a book for the entry of judgments, to be called the "Judgment Book," in which each judgment shall be entered,

(a) The original section did not contain the last sentence relating to specific contracts.

and shall specify clearly the relief granted, or other determination of the action.

[28 Cal. 416; 32 Cal. 159.]

Death of party before judgment.

§ 202. If a party die after a verdict or decision upon any issue of fact, and before judgment, the court may nevertheless render judgment thereon. Such judgment shall not be a lien on the real property of the deceased party, but shall be payable in the course of administration on his estate.

[29 Cal. 359.

But see in this connection, post, 215.]

Judgment roll.

§ 203. Immediately after entering the judgment, the clerk shall attach together and file the following papers, which shall constitute the judgment roll:

First. In case the complaint be not answered by any defendant, the summons, with the affidavit or proof of service, and the complaint, with a memorandum indorsed upon the complaint that the default of the defendant in not answering was entered, and a copy of the judgment.

Second. In all other cases, the summons, pleadings, verdict of the jury, or finding of the court, commissioner, or referee, all bills of exceptions taken and filed in said action, copies of orders sustaining or overruling demurrers, a copy of the judgment, and copies of any orders relating to a change of parties.(a) [Amendment, approved April 2, 1866; 1865–6, 843.

[27 Cal. 107; 28 Cal. 295, 301; 31 Cal. 238; 32 Cal. 172.]

(a) The original section was the same as the text except the second subdivision, which did not contain the words "verdict of the jury,

Docket and lien of judgment.

§ 204. Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him; and from the time the judgment is docketed, it shall become a lien upon all the real property of the judgment debtor, not exempt from execution in the county owned by him at the time, or which he may afterwards acquire, until the said lien expires. The lien shall continue for two years, unless the judgment be previously satisfied.

[6 Cal. 130; 10 Cal. 71; 16 Cal. 181, 220; 25 Cal. 337; 28 Cal. 520; 31 Cal. 293, 395.]

Judgment docket, what and how kept.

$ 205. The docket mentioned in the last section is a book which the clerk shall keep in his office, with each page divided into eight columns, and headed as follows: Judgment Debtors; Judgment Creditors; Judgment; Time of Entry; Where entered in Judgment Book; Appeals, when taken; Judgment of Appellate Court; Satisfaction of Judgment, when entered. If judgment be for the recovery of money or damages, the amount shall be stated in the docket under the head of judgment; if the judgment be for any other relief, a memorandum of the general character of the relief granted shall be stated. The names of the defendants shall be entered in the docket in alphabetical order.

or finding of the court, commissioner, or referee, all bills of exceptions taken and filed in said action, copies of orders sustaining or overruling demurrers."

It was amended, April 8, 1862, 119, so as to read like the text, except it did not contain the words "commissioner, or referee," and "copies of orders sustaining or overruling demurrers."