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. must issue complaint. 930. (§ 637.) Immediately after filing the com- Summons plaint 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. 931. (§ 638.) 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. Defendant may plead orally or in writing. jury, when is entitled 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 to. 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' Justices' Courts. Courts. TITLE XIII. OF APPEALS IN CIVIL ACTIONS. CHAPTER I. Appeals in general. II. Appeals from District Courts. Judgment and orders may be reviewed. Orders made out of Court, without notice, may be reviewed by the Judge. CHAPTER I. APPEALS IN GENERAL. SECTION 936. Judgment and orders may be reviewed. 937. Orders made out of Court, without notice, may be 938. Party aggrieved may appeal. Names of parties. 940. Appeal, how taken. 941. Undertaking or deposit on appeal. 942. Undertaking on appeal from a money judgment. a conveyance, etc. 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. 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. 936. (§ 333.) A judgment or order, in a civil action, except when expressly made final by this Code, may be reviewed as prescribed in this Title, and not otherwise. 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. aggrieved appeal. 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 Names of as the respondent. 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 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. 940. An appeal is taken by: parties. Within what time appeal may be taken. how taken. 1. Filing with the Clerk of the Court in which the Appeal, judgment or order appealed from is entered or filed a notice stating the appeal from the same, or some specific part thereof; Undertaking or deposit on appeal. Undertaking on appeal from a money judgment. Appeal from a judgment for delivery of docaments. 2. Filing, at the same time, an undertaking on appeal; and, 3. Serving a copy of the notice of appeal upon the adverse party or his attorney. 941. (§ 348.) The undertaking on appeal must be in writing, and must be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars; or that sum must be deposited with the Clerk with whom the judgment or order was entered, to abide the event of the appeal. 942. (§ 349.) 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 or 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. When the judgment or order appealed from is made payable in a specified kind of money or currency, the undertaking required by this section must be drawn and made payable in the same kind of money or currency specified in such judgment. 943. (§ 350.) 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 the Judge thereof, or County Judge, may direct, to the effect that the appellant will obey the order of the appellate Court upon the appeal. from a directing the execu tion of a convey ance, etc. 944. (§ 351.) If the judgment or order appealed Appeal from, direct the execution of a conveyance or other judgment 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 judg ment of the appellate Court. ing on concerning real property. 945. (§ 352.) If the judgment or order appealed Undertak from, direct the sale or delivery of possession of real appeal 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. |