Upon the appeal the Justice must transmit the case to the County Court. 977. (§ 627.) Upon receiving the notice of appeal, and on payment of the fees of the Justice or Judge, and filing an undertaking as required in the next section, and after settlement or adoption of statement, if any, the Justice or Judge must, within five days, transmit to the Clerk of the County Court: if the appeal be on questions of law alone, a certified copy of his docket, the statement as admitted or as settled, the notice of appeal and the undertaking filed; or, if the appeal be on questions of fact, or both law and fact, a certified copy of his docket, the pleadings, all notices, motions, and other papers filed in the cause, the notice of appeal and the undertaking filed; and the Justice or Judge may be compelled by the County Court, by an order entered upon motion, to transmit such papers, and may be fined for neglect or refusal to transmit the same. A certified copy of such order may be served on the Justice or Judge by the party or his attorney. In the County Court, either party may have the benefit of all legal objections made in the Justice's or Police Court. NOTE.-1. PAYMENT OF COSTS.-One of the conditions upon which an appeal is allowed, is payment of costs.-McDermott vs. Douglass, 5 Cal., p. 89. The fees must be paid or tendered unconditionally.-People vs. Harris, 9 Cal., p. 571. But the Justice may waive payment, and if he sends up the record without payment, it is no ground for dismissal.-Bray vs. Redman, 6 Cal. p. 287. 2. GENERALLY.-If the Justice fails to send up the notice of appeal, it is error to refuse to allow appellant the opportunity of moving to compel the Justice to send it up, by peremptorily dismissing the appeal.— Sherman vs. Rolberg, 9 Cal., p. 17. The omission of the words "to pay to" will not invalidate an appeal bond; if it did, leave should be granted to file a new bond.-Billings vs. Roadhouse, 5 Cal., p. 71. An appeal is made by filing and serving the notice of appeal. Both must be done to complete the appeal. A failure to notify the adverse party is fatal.-Whipley vs. Mills, 9 Cal. p. 641. See, generally, The People vs. Freelon, 8 Cal., p. 517. ing on 978. (§ 628.) An appeal from a Justice's or Police UndertakCourt is not effectual for any purpose, unless an under- appeal. taking be filed, with two or more sureties, in the sum of one hundred dollars, for the payment of the costs on the appeal; or, if a stay of proceedings be claimed, in a sum equal to twice the amount of the judgment, including costs, when the judgment is for the payment of money; or twice the value of the property, including costs, when the judgment is for the recovery of specific personal property, and must be conditioned, when the action is for the recovery of money, that the appellant will pay the amount of the judgment appealed from and all costs, if the appeal be withdrawn or dismissed, or the amount of any judgment and all costs that may be recovered against him in the action in the County Court. When the action is for the recovery of specific personal property, the undertaking must be conditioned that the appellant will pay the judgment and costs appealed from, and obey the order of the Court made therein, if the appeal be withdrawn or dismissed, or any judgment and costs that may be recovered against him in said action in the County Court, and will obey any order made by the Court therein. A deposit of the amount of the judgment, including all costs appealed from, or of the value of the property, including all costs in actions for the recovery of specific personal property, with the Justice or Judge, is equivalent to the filing of the undertaking; and in such cases the Justice or Judge must transmit the money to the Clerk of the County Court, to be by him paid out on the order of the Court. The adverse party may except to the suffi- Justificaciency of the sureties within five days after the filing sureties. of the undertaking, and unless they or other sureties justify before the Justice or Judge before whom the appeal is taken, within five days thereafter, upon 96-VOL. I. tion of On filing undertaking, execution must be stayed. Miscella neous provisions on trials in County Courts. notice to the adverse party, to the amounts stated in their affidavits, the appeal must be regarded as if no such undertaking had been given. NOTE.-When the appeal bond is presented, the Justice must act promptly; if he receives the bond without objection, it will be too late to disprove it next day.-People vs. Harris, 9 Cal., p. 571. If the sureties are excepted to, and appear before the Justice, and the party then states that he knows them to be good, and that he excepted to them for the sole reason that his attorney told him to do so, he waives their justification.-Blair vs. Hamilton, 32 Cal., p. 50. 979. (§ 629.) If an execution be issued, on the filing of the undertaking staying proceedings, the Justice or Judge must, by order, direct the officer to stay all proceedings on the same. Such officer must, upon payment of his fees for services rendered on the execution, thereupon relinquish all property levied upon and deliver the same to the judgment debtor, together with all moneys collected from sales or otherwise. If his fees be not paid, the officer may retain so much of the property or proceeds thereof as may be necessary to pay the same. NOTE.-An order staying execution cannot be reviewed on certiorari.-Coulter vs. Stark, 7 Cal., p. 244. 980. (§ 367.) Upon an appeal heard upon a statement of the case, the County Court may review all orders affecting the judgment appealed from, and may set aside or confirm, or modify, any or all of the proceedings subsequent to and dependent upon such judgment, and may, if necessary or proper, order a new trial. When the action is tried anew, on appeal, the trial must be conducted in all respects as trials in the District Court. The provisions of this Code as to changing the place of trial, and all the provisions as to trials in the District Court, are applicable to trials on appeal in the County Court. For a failure to prosecute an appeal, or unnecessary delay in bringing it to a hearing, the County Court, after notice, may order the appeal to be dismissed. Judgments rendered in the County Court on appeal have the same force and effect, and may be enforced in the same manner, as judgments in actions commenced in the District Court. NOTE.-Cullen vs. Langridge, 17 Cal., p. 67; Hamilton vs. Harris, 9 Cal., p. 573; Hunter vs. Hoole, 17 Cal., p. 418; Escole vs. Merle, 9 Cal., p. 94; Cunningham vs. Hopkins, 8 Cal., p. 33. TITLE XIV. OF MISCELLANEOUS PROVISIONS. CHAPTER I. Proceedings against joint debtors. IV. Motions and orders. V. Notices, and filing and service of papers. VII. General provisions. CHAPTER I. PROCEEDINGS AGAINST JOINT DEBTORS. SECTION 989. Parties not summoned in action on joint contract may be summoned after judgment. 990. Summons in that case, what to contain and how served. 991. Affidavit to accompany summons. 992. Answer, when filed and what it may contain. 993. What constitute the pleadings in the case. summoned on joint 989. (§ 368.) When a judgment is recovered Parties not against one or more of several persons, jointly indebted in action upon an obligation, by proceeding as provided in Sec- contract tion 414, those who were not originally served with after the summons, and did not appear to the action, may may be summoned judgment. Summons in that be summoned to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons. 990. (§ 369.) The summons, as provided in the case, what last section, must describe the judgment, and require the person summoned to show cause why he should to contain and how served. Affidavit to accompany summons. Answer, when filed and what it may contain. What constitute not be bound by it, and must be served in the same manner, and returnable within the same time, as the original summons. It is not necessary to file a new complaint. 991. ($370.) The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon. 992. (§ 371.) Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, except a discharge from such liability by the Statute of Limitations. 993. (§ 372.) If the defendant, in his answer, the plead deny the judgment, or set up any defense which may ings in the case, Issues, how tried. have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he deny his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, constitute such written allegations. 994. (§ 373.) The issues formed may be tried as in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a verdict be found against |