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swer. If judgment be for the defendant upon an issue of law, and the taking of an account or the proof of any fact be necessary to enable the Court to complete the judgment, a reference may be ordered.
Proceedings against Joint Debtors. When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, those who were not originally served with the summons, and did not appear to the action, may 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.
Proceedings on Offer of Defendant to Compromise.
The defendant may, at any time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be taken against him for the sum or property, or to the effect therein specified. If the plaintiff accept the offer, and give notice thereof within five days, he may file the offer, with proof of notice of acceptance, and the Clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence upon the trial; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs from the time of the offer.
Gold Coin or Currency Judgment. 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 it be 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 all actions for the recovery of money, if the plaintiff allege in his complaint that the same was understood and agreed by the respective parties to be payable in a
specific kind of money or currency, and this fact is admitted by the default of the defendant, or established by evidence, the judgment for the plaintiff must be made payable in the kind of money or currency so alleged in the complaint; 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 must be made payable in the kind of money or currency so received by such person.
Judgment in Replevin. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or 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 or withholding the same.
Judgment Lien. From the time the judgment is docketed it becomes 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 lien ceases. The lien continues for two years, unless the enforcement of the judgment be stayed on appeal by execution of a sufficient undertaking, in which case the lien of the judgment ceases. [See elsewhere, how judgments in Justice's Court are made a lien upon real property.]
A transcript of the original document, certified by the Clerk, may be filed with the Recorder of any other county; and from the time of the filing of 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 time expires, acquire. The lien continues for two years.
PROVISIONS IN JUSTICES' COURTS.
Judgment by Default. If the defendant fail to appear and to answer or demur at the time specified in the summons, then, upon proof of service of the summons, the following proceedings must be had:
1. If the action is based upon a contract, and is for the recovery of money or damages only, the Court must render judgment in favor of plaintiff for the sum specified in the summons.
2. In all other actions, the Court must hear the evidence offered by the plaintiff, and must render judgment in his favor for such a sum (not exceeding the amount stated in the summons) as appears by such evidence to be just.
In the following cases the same proceedings must be had, and judgment must be rendered in like manner, as if the defendant failed to appear and answer or demur :
1. If the complaint has been amended, and the defendant fails to answer it, as amended, within the time allowed by the Court.
2. If the demurrer to the complaint is overruled, and the defendant fails to answer at once.
3. If the demurrer to the answer is sustained, and the defendant fails to amend the answer in the time allowed by the Court.
Judgments upon confession, may be entered up
Justices' Court, specified in the confession.
Judgment that the action be dismissed without prejudice to a new action, may be entered, with costs, in the following cases :
When the plaintiff voluntarily dismisses the action before it is finally submitted.
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 it is objected to at the trial, and appears by the evidence, that the action is brought in the wrong county, or township, or city; but if the objection is taken and overruled, it is cause only of reversal on appeal, and does not otherwise invalidate the judgment; if not taken at the trial, it is waived.
When a trial by jury has been had, judgment must be entered by the Justice, at once, in conformity with the verdict.
When the trial is by the Court, judgment must be entered at the end of the trial.
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 entered for the residue.
If the defendant, at any time before the trial, offer in writing to allow judgment to be taken against him for a specific sum, the plaintiff may immediately have judgment therefor, with the costs then accrued; but if he do not accept such offer before the trial, and fail to recover in the action a sum in excess of the offer, he cannot recover costs, but costs must be adjudged against him, and if he recover, 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.
The Justice must tax and include in the judgment the costs allowed by law to the prevailing party.
An abstract of the judgment may be filed and docketed 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.
A judgment rendered in a Justices' 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, it 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 afterwards, and before the lien expires, acquire. The lien continues for two years, unless the judgment be previously satisfied.
EXECUTION-SALE AND REDEMPTION.
The party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement--same in Justice-Court actions. The execution may be made returnable at any time not less than ten nor more than sixty days after its receipt by the Sheriff or Constable.
Executions may at the same time be issued to different counties.
In Justices' Courts the Justice before whom the action is brought may issue an execution directed to the Sheriff or Constable of the county in which judgment is obtained; when it is desired to issue execution directed to the Sheriff of another county, it is necessary to file an abstract of the judgment with the County Clerk of the county within which the judgment is obtained, and have him issue the execution.
Notwithstanding the death of a party after the judgment, execution thereon may be issued, or it may be enforced as follows:
1. In the case of the death of the judgment creditor, upon the application of his executor or administrator, or successor in interest.
2. In the case of the judgment debtor, if the judgment for the recovery of real or personal property, or the enforcement of a lien thereon.
When any judgment has been rendered for or against the testator or intestate in his lifetime, no execution shall issue thereon after his death, except as above provided. If execution