at least five days before the time so specified. April 15th, 1880.] Citation-form immaterial, 30 Cal. 394. [In effect § 1120. The clerk must issue subpoenas for witnesses at the request of either party, which must be served as other subpoenas; and the Superior Court shall have full power to issue attachments to compel the attendance of witnesses who have been subpoenaed to attend. [In effect April 15th, 1880.] Subpoenas-issuance, service, etc., secs. 1985-1987; also see secs. 19881990: disobedience, penalty, etc., secs. 1991-1992. Compelling attendance of witnesses-sec. 1993 et seq. § 1121. The court must meet at the time and place designated, to determine such contested election, and shall have all the powers necessary to the determination thereof. It inay adjourn from day to day until such trial is ended, and may also continue the trial, before its commencement, for any time not exceeding twenty days, for good cause shown by either party upon affidavit, at the costs of the party applying for such continuance. Adjourn from day to day-discontinuance otherwise, 34 Cal. 329, 635. Before its commencement-34 Cal. 332. § 1122. The court must be governed, in the trial and determination of such contested election, by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable; and may dismiss the proceedings if the statement of the cause or causes of the contest is insufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the court must pronounce judgment in the premises, either confirming or annulling and setting aside such election. Dismiss the proceedings-not discretionary, 15 Cal. 117. After hearing the proofs, etc.-no default, judgment obtainable by contestant, 34 Cal. 635; burden on contestant, 12 Cal. 352. § 1123. If in any such case it appears that another person than the one returned has the highest number of legal votes, the court must declare such person elected. § 1124. Repealed April 15th, 1880. § 1125. If the proceedings are dismissed for insufficiency, or want of prosecution, or the election is by the court confirmed, judgment must be rendered against the party contesting such election, for costs, in favor of the party whose election was contested; but if the election is annulled and set aside, judgment for costs must be rendered against the party whose election was contested, in favor of the party contesting the same. Primarily, each party is liable for the costs created by himself, to the officers and witnesses entitled thereto, which may be collected in the same manner as similar costs are collected in other cases. [In effect April 15th, 1880.] Costs-in special proceedings, secs. 1022, subd. 4, 1024: generally.sec. 1021 et seq. § 1126. Either party, aggrieved by the judgment of the court, may appeal therefrom to the Supreme Court, as in other cases of appeal thereto from the Superior Court. [In effect April 15th, 1880.] Appeal in contested election cases-31 Cal. 82, 261. Appeals to Supreme Court-sec. 963: appeals generally, sec. 936 Et seq. New trial-24 Cal. 449, 457. § 1127. Whenever an election is annulled or set aside by the judgment of the Superior Court, and no appeal has been taken within ten days thereafter, the commission, if any has issued, is void, and the office vacant. [In effect April 15th, 1880.] TITLE III. Of Summary Proceedings. CHAP. I. Confession of judgment without action. IV. Summary proceedings for obtaining posses- CHAPTER I. CONFESSION OF JUDGMENT WITHOUT ACTION. § 1132. Judgment may be confessed for debt due or contingent lia bility. § 1133. Statement in writing and form thereof. 1134. Filing statement and entering judgment. 1135. How, in Justices' Courts. § 1132. A judgment by confession may be entered without action, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such judgment may be entered in any court having jurisdiction for like amounts. Judgment by confession-after action commenced, 44 Cal. 481: statement for, sec. 1133 and note: attacking for fraud, sec. 1133n. Any court having jurisdiction-8 Cal. 76; in Justice's Court, sec. 1135 and note. Statement-signed by defendant, 20 Cal. 681; subd. 2, subject-matter of indebtedness. 12 Cal. 143; 18 Cal. 576; 37 Cal. 328: justly due, etc., 28 Cal. 549; 37 Cal. 328. Attacking for fraud-Judgment fraudulent, when, prima facie, where statement lacks statutory fullness, 6 Cal. 419; 12 Cal. 143; 18 Cal. 576; 37 Cal. 328: void for obstructing creditors, 6 Cal. 238; 13 Cal. 76; 20 Cal. 681. Proof, 6 Cal. 422; 12 Cal. 143; 19 Cal. 278; 20 Cal. 681; 27 Cal. 228; 44 Cal. 481. Creditor's rights, attachment confers, 6 Cal. 376; 13 Cal. 76: direct proceedings, 6 Cal. 238; 37 Cal. 328. Debtor's rights, preference permitted, 19 Cal. 278: impeaching directly, 5 Cal. 513. Collateral impeachment, 12 Cal. 128. § 1133. A statement in writing must be made, signed by the defendant, and verified by his oath, to the following effect: I. It must authorize the entry of judgment for a specified sum; 2. If it be for money due, or to become due, it must state concisely the facts out of which it arose, and show that the sum confessed therefor is justly due, or to become due; 3. If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and show that the sum confessed therefor does not exceed the same. § 1134. The statement must be filed with the clerk of the court in which the judgment is to be entered, who must indorse upon it, and enter in the judgment book, a judgment of such court for the amount confessed, with ten dollars costs. The statement and affidavit, with the judgment indorsed thereupon, becomes the judgment roll. § 1135. In a Justice's Court, where the court has authority to enter the judgment, the statement may be filed with the justice, who must thereupon enter in his docket a judgment of his court for the amount confessed, with three dollars costs. If a transcript of such judgment be filed with the county clerk, a copy of the statement must be filed with it. Authority of Justice's Court to enter-secs. 112, subd. 6, 889; and see 8 Cal. 76. |