Judgment to be entered in twenty-four hours, etc.

Case may be brought before

the court for ar

gument.

When counter

exceeds plaintiff's demand.

CHAPTER IX.

Manner of Giving and Entering Judgments.

SEC. 545. When trial by jury has been had, judgment must be entered by the clerk, in conformity to the verdict, within twenty-four hours after the rendition of the verdict, unless the court order the case to be reserved for argument or further consideration or grant a stay of proceedings.

SEC. 546. When the case is reserved for argument or further consideration, as mentioned in the last section, it may be brought by either party before the court for argument.

SEC. 547. If a counter claim established at the trial claim established exceed the plaintiff's demand, judgment for the defendant must be given for the excess; or if it appear that the defendant is entitled to any other affirmative relief, judgment must be given accordingly.

In replevin, judgment to be in the alternative, and with damages.

If the

SEC. 548. 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. property has been delivered to the plaintiff, and the defendant claims 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 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, judgment 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

ceived by such person.

SEC. 549. The clerk must keep, with the records of Judgment bock the court, a book to be called the judgment book, in which to be kept by judgments must be entered.

the clerk.

judgment may

SEC. 550. If a party die after a verdict or decision If a party die upon any issue of fact, and before judgment, the court after verdict, may nevertheless render judgment thereon. Such judg- be entered, but ment is not a lien on the real property of the deceased party, but is payable in the course of administration on his

estate.

not to be a lien.

what constitutes.

SEC. 551. Immediately after entering the judgment Judgment roll, 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 defendant, the summons, with the affidavit or proof of service, and the complaint, with a memorandum endorsed thereon that the default of the defendant in not answering was entered, and a copy of the judgment;

2. In all other cases, the pleadings, a copy of the verdict of the jury, or finding of the court or referee, all bills of exception 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 subdi

vision.

SEC. 552. 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 district, owned by him at the rendition of the judgment, in his own right. The lien shall continue for five years, unless the judgment be previously satisfied, or 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.

Judgment lien, when it begins pires.

and when ex

Docket, how

to contain.

SEC. 553. The docket mentioned in the last section is a book which the clerk keeps in his office with each page kept and what divided into columns and headed as follows: judgment debtors; judgment creditors; judgment; time of entry;

Docket to be open for in

spection without charge.

Transcript to be filed in any County, and

come a lien

there

when 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 the docket in alphabetical order.

SEC. 554. 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.

SEC. 555. A transcript of the original docket, certified by the clerk, may be filed with the recorder of any judgment to be- 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 afterwards, and before the lien expires, acquire. The lien continues for five years, unless the judgment be previously satisfied.

Satisfaction of

made.

SEC. 556. Satisfaction of a judgment may be entered judgment, how 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, orby 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.

TITLE IX.

OF THE EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS.

CHAPTER I.

The Execution.

Within what

SEC. 560. The party in whose favor judgment is given may, at any time within five years after the entry time execution thereof, have a writ of execution issued for its enforce

ment.

SEC. 561. The writ of execution must be issued in the name of the people of the Territory of Utah; sealed with the seal of the court, and subscribed by the clerk, and be directed to the United States marshal, or to the sheriff of the county in which the writ is to be executed, and it must intelligibly refer to the judgment, stating the court, the district where the judgment roll is filed, the name of the parties, the judgment, and if it be for money the amount thereof, and the amount actually due thereon, and if made payable in a specified kind of money or currency as provided in Section 548; the execution must also state the kind of money or currency in which the judgment is payable, and must require substantially as follows:

1. If it be against the property of the judgment debtor it must require the officer to satisfy the judgment, with interest, out of the personal property of such debtor; and if sufficient personal property cannot be found, then out of his real property; or if the judgment be a lien upon real property, then out of the real property belonging to him on the day when the judgment was docketed, or at any time thereafter; or if the execution be issued to a county in a judicial district other than the one in which the judgment was recovered, on the day when the transcript of the docket was filed in the office of the recorder of such county, stating such day, or any time thereafter;

may issue.

Who may issue

the execution,

its form, to whom directed, and what it

shall require.

When made returnable.

2. If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees, it must require the officer to satisfy the judgment with interest out of such property;

3. If it be against the person of the judgment debtor, it must require the officer to arrest such debtor, and commit him to the jail of the county until he pay the judgment with interest or be discharged according to law;

4. If it be issued on a judgment made payable in a specified kind of money or currency as provided in Section 548, it must also require the officer to satisfy the same in the kind of money or currency, in which said judgment is made payable, and the officer must refuse payment in any other kind of money or currency; and in case of levy and sale of the property of the judgment debtor he must refuse payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution. The officer collecting money or currency in the manner required by this Chapter must pay to the plaintiff' or party entitled to recover the same the same kind of money or currency received by him, and in case of neglect or refusal so to do he shall be liable on his official bond to the judgment creditor in three times the amount of money so collected;

5. If it be for the delivery of the possession of real or personal property, it must require the officer to deliver the possession of the same, describing it, to the party entitled thereto, and may at the same time require the officer to satisfy any costs, damages, rents, or profits, recovered by the same judgment out of the personal property of the person against whom it was rendered, and the value of the property for which the judgment was rendered to be specified therein if a delivery thereof cannot be had, and if sufficient personal property cannot be found, then out of the real property, as provided in the first subdivision of this section.

SEC. 562. The execution may be made returnable at any time not less than ten, nor more than sixty days after its receipt by the officer, to the clerk with whom the judgment roll is filed. When the execution is returned the clerk must attach it to the judgment roll. If any real estate be levied upon, the clerk must record the execution and the return thereto at large, and certify the same under his hand as true copies, in a book to be called the "execution book," which book must be indexed with the names of the plaintiffs and defendants in execution, alphabetically