Bill of exceptions, when to be presented, etc.

§ 649. A bill containing the exception to any decision may be presented to the court or judge, for settlement at any time after the decision is made, but the same must be presented within ten days after written notice of making such decision, and after having been settled must be signed by the judge and filed with the clerk. When the deeision excepted to is made by a tribunal other than a court, or by a judicial officer, the bill of exceptions must be presented to and settled and signed by such tribunal or officer. [Amendment approved March 20, 1911; Stats. 1911, p. 402.]

Bill of exceptions.

§ 650. When a party desires to have exceptions taken at a trial settled in a bill of exceptions, he may, at any time thereafter, and within ten days after the entry of judgment, if the action was tried with a jury, or after receiving notice of the entry of judgment, if the action was tried without a jury, or such further time as the court in which the action is pending, or a judge thereof, may allow, prepare the draft of a bill, and serve the same, or a copy thereof, upon the adverse party. Such draft must contain all the exceptions and proceedings taken upon which the party relies. It may also contain a statement of any matters occurring upon the trial, in the presence of the court, showing any of the matters mentioned in subdivisions 1 and 2 of section 657 of this code. Within ten days after such service the adverse party may propose amendments thereto, and serve the same, or a copy thereof, upon the other party. The proposed bill and amendments must, within ten days thereafter be presented by the party seeking the settlement of the bill, to the judge who tried or heard the case, upon five days' notice to the adverse party, or be delivered to the clerk of the court for the judge. When received by the clerk he must immediately deliver them to the judge, if he is in the county; if he is absent from the county, and either party desires the paper to be forwarded to the judge, the elerk must, upon notice in writing of such party, immediately forward them by mail, or other safe channel; if not thus forwarded the clerk must deliver them to the judge immediately after his return to the county. When received from the clerk, the judge must designate the time at which he will settle the bill, and the clerk must immediately notify the parties of such designation. At the time designated the judge must settle the bill. The bill must thereupon be engrossed and presented to the judge to be certified, by the party presenting it, within ten days. If the action was tried before a referee, the proposed bill,

with the amendments, if any, must be presented to such referee for settlement within ten days after service of the amendments, upon notice of five days to the adverse party, and thereupon the referee must settle the bill. If no amendments are served or if served are allowed, the proposed bill may be presented with the amendments, if any, to the judge or referee for settlement without notice to the adverse party.

It is the duty of the judge or referee, in settling the bill, to strike out of it all redundant and useless matter so that the exceptions and proceedings may be presented as briefly as possible. When settled, the bill must be signed by the judge or referee, with his certificate to the effect that the same is allowed, and must then be filed with the clerk.

No bill of exceptions, statement on motion for a new trial, notice of appeal, or notice or paper, other than amendments to the pleadings or an amended pleading, need be served upon any party whose default has been duly entered, or who has not appeared in the action or proceeding. [Amendment approved March 20, 1911; Stats. 1911, p. 400.] Citations. Cal. 155/55, 56. App. 10/211, 767, 768; 11/636; 13/479.

§ 651.

Citations. App. 8/358.

§ 652.

Citations. App. 11/336.

§ 653.

Citations. App. 11/336.

§ 656.

Citations. Cal. 155/105.

§ 657.

Citations. Cal. 155/533; 156/685; (subd. 2) 156/397. App. 10/709; 14/726; (subd. 1) 11/257; (subd. 3) 11/257; (subd. 4) 10/636; (subd. 5) 11/144; 13/87; (subd. 6) 11/41.

§ 659.

Citations. Cal. 56/362; 158/114, 352, 353, 354, 355; (subd. 3) 155/54, 55; (subd. 4) 157/594; 158/71. App. 10/765, 766, 767, 769; 13/692.

§ 661.

Citations. Cal. 155/615; 158/71. App. 8/293; 9/761. § 663.

Citations. Cal. 155/324, 603; 157/326, 327. App. 8/573, 690; 10/479, 767; 11/39, 40, 273, 274; 13/430; 14/735.

§ 663a (formerly § 6632).

Citations. Cal. 155/324, 603. App. 8/573, 690; 10/767; 11/39, 274; 18/430.

§ 667.

Citations. Cal. 155/416. App. 9/704; 10/726, 728.

§ 668.

Citations. Cal. 158/245.

§ 670.

Citations. Cal. 155/841, 342; 158/245. App. 11/637; 13/31.

§ 671.

Citations. Cal. 158/245. App. 11/64, 781; 14/362, 582.

§ 672.

Citations. Cal. 158/245. App. 8/694.

§ 681.

Citations. Cal. 185/212.

Stay of execution.

§ 681a. The court or the judge thereof shall not have the power, without the consent of the adverse party, to stay, for a longer period than thirty days, the execution of any judgment or order the execution whereof would be stayed on appeal only by the execution of a stay bond. [New section approved March 20, 1911; Stats. 1911, p. 400.] § 683.

Citations. Cal. 155/212.

§ 684.

Citations. App. 8/225.

§ 685.

Citations. Cal. 157/411.

§688.

Citations. Cal. 155/211, 212.

§ 690.

Citations. Cal. (subd. 10) 158/447, 449, 450. App. (subds. 1, 2, 3, 6, 10) 12/751; (subd. 20) 14/85.

§ 699.

Citations. Cal. 157/576.

§ 710.

Citations. Cal. 158/446, 447, 449, 451, 452. App. 8/47, 49, 661.

§ 714.

Citations. App. 10/158.

Citations. Cal. 155/211. App. 10/158; 12/279, 284.

§ 720.

Citations. Cal. 155/209, 211. App. 10/158; 12/279, 284.

§ 721.

Citations. App. 10/158.

§ 726.

Citations. Cal. 155/196, 198, 199; 157/199. App. 12/104.

§ 729.

Citations. Cal. 155/196, 198, 199.

§ 731.

Citations. App. 9/778, 782.

§ 738.

Citations. Cal. 155/255, 636, 687, 733; 157/376, 377, 378, 884. App. 8/159; 9/215, 573; 12/451; 18/252; 14/66.

§ 749.

Citations. App. 18/253.

§ 750.

Citations. App. 18/253.

§ 751.

Citations. App. 18/253.

§ 752.

Citations. Cal. 155/191. App. 10/306, 807, 395; 12/358.

§ 758.

Citations. App. 8/240.

Court may confirm, etc., report. Judgment binding on whom.

§ 766. The court may confirm, change, modify, or set aside the report, and if necessary, appoint new referees. Upon the report being confirmed, judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive:

1. On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part thereof, as owners in fee or as tenants for life or for years, or as entitled to the reversion, remainder, or the inheritance of such property, or any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof, as tenants for years or for life;

2. On all persons not in being at the time said judgment is entered, who have any interest in the property divided, or any part thereof, as entitled to the reversion, remainder or the inheritance of such property, or any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property; provided, that in case sale has been made under the provisions of this chapter the judgment shall provide for keeping intact the share of the proceeds of said sale, to which said party or parties not in being at the time are or may be entitled until such time as such party or parties may take possession thereof;

3. On all persons interested in the property, who may be unknown, to whom notice has been given of the action for partition by publication; 4. On all other persons claiming from such parties or persons, or either of them.

And no judgment is invalidated by reason of the death of any party before final judgment or decree; but such judgment or decree is as conclusive against the heirs, legal representatives, or assigns of such decedent, as if it had been entered before his death. If during the pendency of the action, and before final judgment therein, any of the cotenants has conveyed to another person his interest, or any part of his interest, such conveyance, whatever its form, shall be deemed to have passed to the grantee any lands which, after its execution, may have been set aside to the grantor in severalty, or such proportionate interest in such lands as the interest so conveyed bears to the whole interest of the grantor. [Amendment approved March 15, 1911; Stats. 1911, p. 366.] § 768.

Citations. Cal. 157/648.