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. 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. Subscribed and sworn to before me this.. 19...... ...day of -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: ABSTRACT OF JUDGMENT. In the above entitled court and action on the.. ..day of 19. 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. 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 immediately 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 man ner as civil actions in justices' courts. 950. Records furnished on appeal from final judgment. 951. On appeal from judgment on appeal. 952. On appeal from order grant- 953. Certification of copies. In lieu of bill of exceptions. 943. Appeal from a judgment for 953b. Appellant shall file under delivery of documents. 944. Appeal from a judgment directing execution of a con- taking. 953c. Clerk to transmit the pre pared record on appeal. 945. 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 administrator 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 to 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 things required to be assigned or delivered be placed in the custody of such officer or receiver as the court may appoint, or unless an undertaking be entered into on the part of the appellant, with at least two sureties, and in such amount as the court, or a judge thereof, may direct, to the effect that the appellant will obey the order of the appellate court upon the appeal. If the judgment or order appealed from appoint a receiver, the execution of the judgment or order cannot be stayed by appeal, unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that if such judgment or order be affirmed or the appeal dismissed, the appellant will pay all damages which the respondent may sustain by reason of such stay, not exceeding an amount to be fixed by the judge of the court by which the judgment was rendered or order made, which amount must be specified in the undertaking. If the judgment or order appealed from direct the sale of personal property upon the foreclosure of a mortgage thereon, the execution of the judgment or order cannot be stayed on appeal, unless an undertaking be entered into on the part of the appellant, with at least two sureties, in such amount as the court, or the judge thereof, may direct, to the effect that the appellant will, on demand, deliver the mortgaged property to the proper officer if the judgment be affirmed, or in default of such delivery that the appellant and sureties will, on demand, pay to the proper officer the full value of such property at the date of the appeal.-1897-56. 944. If the judgment or order appealed from, direct the execution of a conveyance or other instrument, the execution of the judgment or order cannot be stayed by the appeal until the instrument is executed and deposited with the clerk with whom the judgment or order is entered, to abide the judgment of the appellate court. 945. If the judgment or order appealed from, direct the sale or delivery of possession of real property, the execution of the same cannot be stayed, unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit, or suffer to be committed any waste thereon, and that if the judgment be affirmed, or the appeal dismissed, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the judgment was rendered or order made, and which must be specified in the undertaking. When the judgment is for the sale of mortgaged premises, and the payment of a deficiency arising upon the sale, the undertaking must also provide for the payment of such deficiency. 946. Whenever an appeal is perfected, as provided in the preceding sections of this chapter, it stays all further proceedings in the court below upon the judgment or order appealed from, or upon the matters embraced therein, and releases from levy property which has been levied upon under execution issued upon such judgment; provided, however, said property shall not be released from the levy, if the respondent excepts to the sufficiency of the sureties within five days after the giving of the undertaking staying execution until such sureties, or others, justify in the manner prescribed by law; but the court below may proceed upon any other matter embraced in the action and not affected by the order appealed |