Page:United States Statutes at Large Volume 31.djvu/538

 486 FIFTY-SIXTH CONGRESS. SEss. I. Ch. 786. 1900. justice of such court to have another judgment iven in a justice’s court, between the same parties and. against such agverse party, set off _ _ against such first-mentioned judgment. _ · _ mggyijggggegfaguggj bEC. 984. There must be no existmgright of appeal .f1‘0IIl; the judg- 01:. ment proposed as a set-oil`; and 1f suc ju gment was given in another _ court than the one where the application is made, the party proposing such set-off must produce a transcript of such judgment, certified by the proper justice, which certificate shall also state how much of the judgment remains unsatisfied, and that the trauscri t is given for the purpose of being set off against the judgment to which it is proposed as a set—oi}’._ ¤u:§[Qg';ec{,‘},g,§f’*P* Sec. 985. The justice making such transcript and certificate shall ` ~ make an entry thereof in his docket, and thereafter all proceedings to enforcesuch judgment shall be stayed, unless the transcript be returned, with the certificate of the proper justice indorsed thereon, to the effect f _ that it has not been allowed to be set off. _ _ _ _ m§,,_%‘{,‘§,§‘(§{,°‘,§,‘f,,,“g‘gg Sec. 986. If, upon the hearing of the application, the justice finds 05- that the judgments are mutual, he shall give judgment allowing the proposed set-ofl'. _ . e&¤;<1sm¤¤¤f¤r<1i¤er- Sec. 987. If there is any differencein the amount of the two judg- ' ments, judgment.for the difference must be given in favor of the party owning the largest judgment. If the justice refuse to allow the ` set-off, he shall so certify on the transcript and return it to the party making the application. ,,{,;‘§*="’g§{§ d{§S,5;g{ Sec. 988. though the title to real property may be controverted ` property. or questioned in an action in a'(justice’s court, the judgment in .. such action in no way affects or etermines such title as between the parties thereto or otherwise. _ j§g§°g;;°gj°§{}g>§; Sec. 989. Execution to enforce a judgment in a justice’s court must mam real pmperw. not be issued against or levied upon the real property of the defendant; but when a judgment given by a justice has been duly docketed in the district court thereafter it must be enforced as a judgment of such district court. · ,uE§,$f,‘§}§‘;,“·‘;*;$“{,§; Sec. 990. An execution issued by a justice must be made returnable whom sewéd- in thirty days from the date thereof, and may be directed to the marshal or any deputy or other officer authorized to act as constable in such precinct, and must be executed by any of such officerswhen delivered to him. s m};ig,§;§1f*ré·;¤i;$§*P* in Sec. 991. When an execution is returned unsatisied in whole or in ` part for want of dgoods and chattels of the defendant whereon to levy, the party entitle to the benefit of the judgment may have a certified transcript thereof and file the same with any justice in any other { ""§°i“°`°‘ ‘ U 1. n { h t k Transcript ° i¤dg· EG. 992. on the in o a transcri t the justice mus ma e an mcnmow momi entry thereof Ifn his dockgt, and thereaffier execution may issue to enforce such judgment, or any part thereof remaining unsatisfied, as if it had been given by such ustice with whom the transcript is filed. 0fE¤=¤¤*i°¤· *°¤°W¤l Sec. 993. At any time beflore the expiration of the return day of ` the execution it may be renewed for another period of thirty days, at the request of the plaintiff, b an indorsement to that effect, made by the justice thereon. Such indrorsement must be dated, and if anypart of such execution has been satisfied, must state the amount then due thereon. An entry of such renewal must also be made in the docket of éahe justice; f h h h d f J¤¤¤¤¤ may ¢¤f°¤2¢ EC. 994. `ustice o the eace as authorit an wer to en orce iiiggiiizgilgefivenbyhis a judgment giwien by his prgdecessor in officelyor bjixa justice whose docket has been transferred to_ him, and to complete any unhnished business be un before such predecessor, or entered in such docket, as if the same%1ad been given or begun before himself. ‘