menced. 929. (§ 636.) Civil actions in Police Courts are How comcommenced 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. Summons must issue complaint. 930. (§ 637.) Immediately after filing the complaint a summons must be issued, directed to the on filing defendant, and returnable either immediately or at any time designated therein, not exceeding four days from the date of its issuing. may plead orally or in writing. 931. (§ 638.) On the return of the summons, the Defendant defendant may answer the complaint. The answer may be oral or in writing, and immediately thereafter the case must be 'tried, unless, for good cause shown, an adjournment is granted. jury, when is entitled to. 932. (§ 639.) In all actions for violation of an Trial by ordinance, where the fine, forfeiture, or penalty imposed defendant 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. ings to be as in 933. All proceedings in civil actions in Police ProceedCourts must, except as in this Title otherwise provided, conducted be conducted in the same manner as civil actions in Justices' Courts. Justices' TITLE XIJI. OF APPEALS IN CIVIL ACTIONS. CHAPTER I. Appeals in general. II. Appeals from District Courts. CHAPTER I. APPEALS IN GENERAL. SECTION 936. Judgment and orders may be reviewed. 937. Orders made out of Court, without notice, may be reviewed by the Judge. 938. Party aggrieved may appeal. Names of parties. 939. Within what time appeal may be taken. 940. Appeal, how taken. 941. Undertaking or deposit on appeal. 942. Undertaking on appeal from a money judgment. 943. Appeal from a judgment for delivery of documents. 945. Undertaking on appeal concerning real property. 947. Undertaking may be in one instrument or several. 949. Undertakings in cases not specified. 950. What papers to be used on an appeal from the judg ment. 951. What papers used on appeals from orders, except orders granting or refusing new trials. 952. What papers to be used on an appeal from an order granting or refusing a new trial. 953. Copies and undertakings, how certified. 954. When an appeal may be dismissed. When not. 955. Effect of dismissal. 956. What may be reviewed on an appeal from judgment. 957. Remedial powers of an appellate Court. SECTION 958. On judgment on appeal, remittitur must be certified to the Clerk of the Court below. 959. Provisions of this Chapter not applicable to appeals to County Courts. and orders may be reviewed. 936. (§ 333.) A judgment or order, in a civil Judgment action, except when expressly made final by this Code, may be reviewed as prescribed in this Title, and not otherwise. NOTE.-The remedy by appeal is exclusive.-Haight vs. Gay, 8 Cal., p. 297; see, also, Miliken vs. Huber, 21 Cal., p. 169; Nowland vs. Vaughn, 9 Cal., p. 52; S. P. & N. Railroad Co. vs. Harlan, 24 Cal., p. 336; Middleton vs. Gould, 5 Cal., p. 190. The right of appeal exists from a judgment by default.--Hallock vs. Jaudin, 34 Cal., p. 167; McGlynn vs. Brodie, 31 Cal., p. 382. A judgment, from which an appeal is pending, is a final one within the meaning of Section 21 of the Federal Bankrupt Act.--Merritt vs. Glidden, 39 Cal., p. 559. 937. (§ 334.) 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. NOTE.-See Subd. 2 of note to Sec. 532 of this Code. Orders made out of Court, notice without reviewed by the Judge. aggrieved 938. (§ 335.) Any party aggrieved may appeal Party in the cases prescribed in this Title. The party appeal- may ing is known as the appellant, and the adverse party parties. as the respondent. NOTE.-1. WHO MAY APPEAL.-One not a party to the record may appeal, if aggrieved by the judgment. Adams vs. Woods, 8 Cal., p. 306. Any heir, devisee, or legatee of an estate, party to proceedings for distribution, may appeal from the final order of distribution; but the executor of the estate cannot, upon the grounds that the estate was improperly distributed.-Bates vs. Ryberg, 40 Cal., p. 463. The party aggrieved, within the meaning of Sec. 335 of the Practice Act, is the one against whom an appealable order or judgment has been entered; and when an order is made directing an injunction upon condition that an undertaking be 93-VOL. I. appeal. Names of Within what time appeal may be taken. executed and filed, the party against whom the order is made may appeal at once.-Ely vs. Frisbie, 17 Cal., p. 250. A party made defendant in an action, if a decree is taken against him, may appeal, and the appeal cannot be dismissed upon the ground that he is not a party in interest.-Ricketson vs. Compton, 23 Cal., p. 636. I. filed his complaint against T., alleging a partnership between them, and praying for an account of the partnership property. Subsequently I. filed a petition in the same Court, setting forth the complaint, and also that L. T. B. and H. B. had obtained judgment against T., the defendant, and that execution had issued on the judgment, and was levied on the partnership property of the plaintiff and defendant, and that the Sheriff was about to sell the property. The petition prayed that L. T. B. and H. B. might be made parties, and that an injunction might issue against L. T. B. and H. B. and the Sheriff. It was held on appeal that it did not lie in the mouth of I. and T. to say that L. T. B. and H. B. were not parties to the suit, and had no right of appeal. Jones vs. Thompson et al., 12 Cal., p. 191. That appellant has resided out of the State for several years, is not ground for denying his right to appeal.-Ricketson vs. Compton, 23 Cal., p. 636. 2. WHO MAY NOT APPEAL.-See Subd. 1 of this note. A party not affected by a judgment cannot take an appeal.-Hibernia Savings and Loan Society vs. Ordway, 38 Cal., p. 679. In an action against the husband alone, involving the homestead right, the judgment could not affect the question of homestead, and the husband has no right of appeal.-Kraemer vs. Revalk, 8 Cal., p. 74. A judgment in a suit against a corporation contained a direction for the sale of the interest of individuals not parties to the action; from it the corporation alone appealed. Held: that the corporation could not take advantage of the error in the judgment in embracing individuals.-Dennis vs. Table Mountain Water Co., 10 Cal., p. 369. 939. (§ 336.) An appeal may be taken: 1. From a final judgment in an action or special proceeding commenced in the Court in which the same is rendered, within one year after the entry of judgment. But an exception to the decision or verdict, on the ground that it is not supported by the evidence, cannot be reviewed on an appeal from the judgment, unless the appeal is taken within sixty days Same. after the rendition of the judgment; 2. From a judgment rendered on an appeal from an inferior Court, within ninety days after the entry of such judgment; 3. From an order granting or refusing a new trial; from an order granting or dissolving an injunction; from an order refusing to grant or dissolve an injunction; from an order dissolving or refusing to dissolve an attachment; from an order granting or refusing to grant a change of the place of trial; from any special order made after final judgment, and from an interlocutory judgment in actions for partition of real property, within sixty days after the order or interlocutory judgment is made and entered in the minutes of the Court or filed with the Clerk. NOTE.-1. Subd. 1.-Appeal from a judgment must be taken within a year.-Waugenhiem vs. Hook, 35 Cal., p. 216. If the appeal is not taken within a year it will be dismissed.-Bornheimer vs. Baldwin, 38 Cal., p. 671. The time within which an appeal from a judgment may be taken is not computed from the date of the entry of the judgment by the Clerk in the judgment book, but from the time the judgment is announced by the Court and entered in the minutes.Wetherbee vs. Dunn, 36 Cal., p. 249; Genella vs. Relyea, 32 Cal., p. 159; Gray vs. Palmer, 28 Cal., p. 417; Peck vs. Curtis, 31 Cal., p. 107. If a demurrer to an intervention is sustained and judgment thereupon rendered against the intervenor, he may appeal at once.Stich vs. Goldner, 38 Cal., p. 608. The time for an appeal from a judgment on demurrer commences to run from its rendition, not from the time of the ruling on the demurrer.-Webster vs. Cook, 38 Cal., p. 423. If the appeal is dismissed for want of an undertaking, and no final judgment has been rendered, a second appeal may be taken within the period allowed by law. Martinez vs. Gallardo, 5 Cal., p. 155. An appeal from an order denying a new trial, although taken more than a year after rendition of a judgment, brings up the whole record. And if there was error in refusing a new trial, the appellate Court will order a new |