5. Against or in favor of directing the partition, sale, Same. or conveyance of real property; 6. Settling an account of an executor or adminis trator, or guardian; 7. Refusing, allowing, or directing the distribution or partition of an estate, or any part thereof, or the payment of a debt, claim, legacy, or distributive share; 8. Overruling motion for a new trial; 9. Confirming report of appraiser setting apart the homestead. and admin not required to give underappeal. taking on 970. When an executor or administrator who has Executors given an official undertaking appeals from a judgment istrators or order of the Probate Court made in the proceedings had upon the estate of which he is administrator or executor, his official undertaking stands in the place of an undertaking on appeal, and the sureties therein are liable as on such undertaking. acting trator, etc., tot 971. When the order or decree appointing an Acts of executor or administrator, or guardian, is reversed on adminisappeal, all lawful acts in administration upon the estate, performed by such executor or administrator, or guardian, if he has qualified, are as valid as if such order or decree had been affirmed. by reversal of order appointing him. CHAPTER V. APPEALS TO COUNTY COURTS. SECTION 974. Appeal from judgment of Justices' or Police Courts. 976. If the appeal be upon questions of fact, or of law and 977. Upon the appeal, the Justice must transmit the case to 978. Undertaking on appeal. Justification of sureties. Appeal from judgment of Justice's or Police Courts. Party appealing on questions of law alone must prepare a statement. 974. (§ 624.) Any party dissatisfied with a judgment rendered in a civil action in a Police or Justice's Court may appeal therefrom to the County Court of the county, at any time within thirty days after the rendition of the judgment. The appeal is taken by filing a notice of appeal with the Justice or Judge, and serving a copy on the adverse party. The notice must state whether the appeal is taken from the whole or a part of the judgment, and if from a part, what part, and whether the appeal is taken on questions of law or fact, or both. 975. (§ 625.) When a party appeals to the County Court on questions of law alone, he must, within ten days from the rendition of judgment, prepare a statement of the case, and file the same with the Justice or Judge. The statement must contain the grounds upon which the party intends to rely on the appeal, and so much of the evidence as may be necessary to explain the grounds, and no more. Within ten days after he receives notice that the statement is filed, the adverse party, if dissatisfied with the same, may file amendSettlement ments. The proposed statement and amendments must statement. be settled by the Justice or Judge, and if no amend of If the appeal be upon questions of fact, or of law and fact, no statement need be made. ments be filed, the original statement stands as adopted. The statement thus adopted, or as settled by the Justice or Judge, with a copy of the docket of the Justice or Judge, and all motions filed with him by the parties during the trial, and the notice of appeal, may be used on the hearing of the appeal before the County Court. 976. (§ 626.) When a party appeals to the County Court on questions of fact, or on questions of both law and fact, no statement need be made, but the action must be tried anew in the County Court. 977. (§ 627.) Upon receiving the notice of appeal, and on payment of the fees of the Justice or Judge, appeal the must transmit the case to the County and filing an undertaking as required in the next sec- Upon the tion, and after settlement or adoption of statement, if Justice any, the Justice or Judge must, within five days, transmit to the Clerk of the County Court: if the appeal Court. 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. ing on 978. (§ 628.) An appeal from a Justice's or Police Undertak Court 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 Justification of sureties. On filing undertaking, execution must be stayed. 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 sufficiency of the sureties within five days after the filing 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 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. 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 pay the same. to . 980. (§ 367.) Upon an appeal heard upon a statement of the case, the County Court may review all neous on trials in Courts. orders affecting the judgment appealed from, and Miscellamay set aside or confirm, or modify, any or all of the provisions proceedings subsequent to and dependent upon such County 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. TITLE XIV. OF MISCELLANEOUS PROVISIONS. CHAPTER I. Proceedings against joint debtors. IV. Motions and orders. V. Notices, and filing and service of papers. VI. Of costs. 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. |