§ 667. 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 returu 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, judg ment for the plaintiff, whether it 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 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 specified 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. Replevin judgment-form of, 7 Cal. 563; 38 Cal. 508; 45 Cal. 76, 230: for plaintiff, 42 Cal. 230: for defendant, directing return of property, 10 Cal. 378; 13 Cal. 430; 20 Cal. 616; 29 Cal. 312: verdict, sec. 627: value, correcting affidavit of, sec. 473: damages for detention or withholding, 9 Cal. 562; 34 Cal. 641; 49 Cal. 313; 53 Cal. 97; Kelly v. McKibben, Feb. 21st, 1880, 5 Pac. C. L. J. 38 and 83. Money or currency, specified kind of-Provision construed. 25 Cal. 564; 26 Cal. 46, 581; 27 Cal. 346; 32 Cal. 112. Following contract, 27 Cal. 498; 29 Cal. 278; 33 Cal. 468, 694; 38 Cal. 242; 46 Cal. 287; 49 Cal. 293: gold coin, 25 Cal. 564; 27 Cal. 428; 28 Cal. 99, 288; 29 Cal. 278; 31 Cal. 78; 38 Cal. 242, and see JUDGMENT: currency, legal tender, 25 Cal. 502; 28 Cal. 276, 288; 29 Cal. 273; 30 Cal. 180; 35 Cal. 346. Allegations of complaint, 27 Cal. 99, 495, 498; 28 Cal. 281; 32 Cal. 145; 46 Cal. 209; 50 Cal. 524. Default, 28 Cal. 213. Evidence, sec. 1963, subd. 20; 48 Cal. 634. Judgment, gold coin, 28 Cal. 170; 35 Cal. 346; 49 Cal. 293; 50 Cal. 90, 280, 523; 51 Cal. 75, 210, 554; 52 Cal. 90, 238, 415. Execution, sec. 682, subd. 4. Trust funds-Fiduciary capacity, sec. 1407; 26 Cal. 421; 33 Cal. 557, 636. Use of another, 28 Cal. 288; 33 Cal. 399, 650. § 663. The clerk must keep, with the records of the court, a book to be called the "judgment book," in which judgments must be entered. Register of actions-sec. 1052. § 669. 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 is not a lien on the real property of the deceased party, but is payable in the course of administration on his estate. Death-suggestion and effect of, sec. 385 and notes. Death after verdict-50 Cal. 40. Payable in course of administration-sec 1506, and see sec. 1504. Before judgment entered-50 Cal. 289. § 670. Immediately after entering the judgment the clerk must attach together and file the following papers, which constitute the judgment roll: 1. In case the complaint be not answered by any de fendant, the summons, with the affidavit or proof of service, and the complaint, with a memorandum indorsed thereon that the default of the defendant in not answer ing was entered, and a copy of the judgment; 2. In all other cases, the pleadings, a copy of the ver dict of the jury, or finding of the court, or referee, all bills of exceptions taken and filed, and a copy of any order made on demurrer, or relating to a change of parties, and a copy of the judgment. If there are two or more defendants in the action, and any one of them has allowed judgment to pass against him by default, the summons, with proof of its service upon such defendant, must also be added to the other papers mentioned in this subdivision. [In effect March 9th, 1876.] Clerk's powers and duties-county clerk, see POLITICAL CODE, secs. 4204, 4205: deputies, see POLITICAL CODE, sess. 865, 4112-4114: functions generally, see MINISTERIAL OFFICERS, Sec. 262n; also, sec. 585, subds. 1 and 2, 593, 664, 668, 671-3, 1051, 1052, 2012. Judgment roll-contents, etc. 18 Cal. 219; 27 Cal. 107; 28 Cal. 170, 295; 31 Cal. 238; 32 Cal. 172; 34 Cal. 391, 611; 36 Cal. 112; 40 Cal. 378; 47 Cal. 640; 49 Cal. 308; 53 Cal. 39, 399; and see notes following. SUBDIVISION 1. Where no answer-Summons, contents and proof of service, secs. 407, 415, and notes: complaint, sec. 426 and notes. Both part of judgment roll, Mand v. Wear, May 17th, 1880, 5 Pac. C. L. J. 426. Judgment, by default, sec. 585 and notes. SUBDIVISION 2. Other cases- Pleadings, see secs. 420-476. Verdict, secs. 624-628. Findings, sec. 633n. Report of referee, Thompson v. Patterson, April 23rd, 1880, 5 Pac. C. L. J. 388. Exceptions, sec. 648n; secs. 646-653. Order on demurrer-sec. 636 and note. Change of parties, sec. 473 and note; 49 Cal. 306. Copy of judgment, Thomas v. Anderson, May 26th, 1880, 5 Pac. C. L. J. 415. Judgment, generally, sec. 577n; secs. 577-582; sec. 664n: review of, papers on, 53 Cal. 281, 393: by default, see subd. 1 and note. § 671. Immediately after filing the judgment roll, the clerk must 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 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 afterward acquire, until the lien ceases. The lien continues for two years, unless the enforcement of the judgment be stayed on appeal by the execution of a sufficient undertaking, as provided in this. Code, in which case the lien of the judgment ceases. [In effect July 1st, 1874.] Docketing judgment-error in, 6 Cal. 277: time of, 39 Cal. 137. Judgment lien-To what attaches, 14 Cal. 428; 16 Cal. 181, 213; 23 Cal. 277; 50 Cal. 511. Effect on attachment lien-37 Cal. 121. Two years' duration, 10 Cal. 71; 16 Cal. 403; 17 Cal. 471; 31 Cal. 395; 46 Cal. 654. Appeal suspends, sec. 911 et seq.; 6 Cal. 130; 25 Cal. 337. Extinguished, how, 13 Cal. 79. In foreclosure, 16 Cal. 404; 25 Cal. 337; 28 Cal. 520. § 672. The docket mentioned in the last section is a book which the clerk keeps in his office, with each page divided into eight columns, and headed as follows: judg ment 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 must 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 must be stated. The names of the defendants must be entered in alphabetical order. Docketing judgment-sec. 671 and note; 31 Cal. 293. Judgment docket-what constitutes, 38 Cal. 393: sufficient entry, 50 Cal. 511. § 673. The docket kept by the clerk is open at all times, during office hours, for the inspection of the public, without charge. The clerk must arrange the several dockets kept by him in such a manner as to facilitate their inspection. Public writings-open to inspection, secs. 1892, 1893. § 674. A transcript of the original docket, certified by the clerk, may be filed with the recorder of any other county, and from the time of the filing 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 lien expires, acquire. The lien continues for two years, unless the judgment be previously satisfied. Another county-filing transcript in, Civil Code, sec. 1159: where land situated, sec. 400, ante; but see sec. 78. Recording generally-secs. 1165, 1169, 1170. Justice's Court judgment-abstract creates lien, sec. 900; and see 31 Cal. 223. § 675. Satisfaction of a judgment may be entered in the clerk's docket upon an execution returned satisfied, or upon an acknowledgment of satisfaction filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property, by the judgment creditor, or by his indorsement on the face, or on the margin of the record of the judgment, or by the attorney, unless a revocation of his authority is filed. Whenever a judgment is satisfied in fact, otherwise than upon an execution, the party or attorney must give such acknowledgment, or make such indorsement, and upon motion the court may compel it, or may order the entry of satisfaction to be made without it. [In effect July 1st, 1874.] Satisfaction of judgment-What constitutes, 8 Cal. 29; 14 Cal. 661; 22 Cal. 173; 23 Cal. 94: 44 Cal. 519: apparent only, 14 Cal. 661; 25 Cal. 538; 32 Cal. 131; 34 Cal. 666; 52 Cal. 345. Entry of, improperly stricken out, 3 Cal. 342: acknowledgment, sec. 179, subd. 2. Parties empowered to give, creditor, 2 Cal. 507; 35 Cal. 195; 46 Cal. 70; 49 Cal. 359: attorney, 48 Cal. 632, and see secs. 283-285. |