Page:United States Statutes at Large Volume 47 Part 1.djvu/990

966 Clerk to enter ab- stract of judgment . - If a party die after verdict, judgment may be entered . What constitutes judgm ent rol l . Clerk to enter judg- ment. Inspection of docket . Satisfaction of judg- ment , how made . Undertaking in ac- tions to set aside trans- fer of property . 72d CONG RESS . SESS. II. CH. 127 . FEBRUARY 27, 1933 . ment for the plaintiff must be made payable in the kind of money or currency so receiver: by such person . SEC. 334 . CLERK TO ENTER ABSTRACT OF JUDGMENT .-The clerk must enter an abstract of the judgment in a column set aside for th at purpose on the civil docket . SEC . 335 . IF A PARTY DIE AFTER V ERDICT, JU DGMENT MAY BE ENTERED.-If a party die after a verdict or decision upon any issue of fact, and before judgment, the court may nevertheless render judg- ment thereon . Suc h judgme nt is pa yable in the cou rse of a dminis- trati on on his esta te . SEC. 336. JUD GMENT ROLL, WHAT CONSTITUTES .-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 is not answered by any defendant, the summons, with the affidavit or proof of service ; the complaint with a memorandum indorsed thereon that the default of the defendant in not answering was entered, and a copy of the judgment ; and in case the service so made is by publication, the affidavit for publication of summo ns, and the orde r direct ing the publicati on of su mmons . 2 . In all other cases, the pleadings, all orders striking out any pleading in whole or in part, a copy of the verdict of the jury, or finding of the court - or referee, and a copy of any order made on demurrer, or rel ating to a chang e of parties, an d a copy of the j udg- ment ; 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, on such defendant ; and if the serv ice on such defaulting defendant be by publication then the affidavit for pu blication, and t he order directi ng the publicatio n of the summons. SEC . 337. CLERK TO ENTER JUDGMENT .-Immediately after filing the judgment roll, the clerk must make the proper entries of the judg- iuent under appropriate heads, in the civil docket kept by him . SEC. 338. DOCKET TO BE OPEN FOR INSPECTION WITHOUT CHARGE- The docket kept by the clerk is open at all times, during office hours, for the inspection of the public, without charge . The cle rk m ust arrange the several dockets kept by him in such a manner as to facili- tate their insp '~ection . SE C. 339 . SATISFACTION SATIS FACTI ON OF A JUD GMENT , HOW MADE.-Satisfaction of a judgment ma y be entered in the clerk's dock et upon' an execu tion returned satisfied, or upon an acknowledgment of satisfaction filed with the clerk, made in the mann er presc ribed in chapter 22 of th e Civil Code, bq 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 . Wh ene ver a judgment is satisfied in fact, otherwise than upon an execution, the party or attorney mu st gi ve su ch acknowledgment, or make such indors ement , and , upon motion, the court may compel it, or may order the entry of satisfaction to be made without it . SEC . 340. UNDERT AKING IN A CTIONS T O SET ASIDE TRANSFE R OF PROP- ERTY .-Where an action is commenced to set aside a transfer or con- veyance of property on the grounds that such transfer or conveyance was made to hind er, dela y, or de fraud a creditor or credi tors, th e transferee or grantee to whom it is alleged the property was trans- ferred or conveyed to hinder, delay, or defraud creditors or the suc- cessors or assigns of such transferee or grantee, may give an under- taking as herein provided, and when such undertaking is given as herein provided, the transferee or grantee to whom it is alleged the property was transferred or conveyed to hinder, delay, or defraud