Page:United States Statutes at Large Volume 76A.djvu/437

–341– -341(3) when, after a motion to dismiss the complaint has been granted, the plaintiH' fails to amend it within the time allowed by the court. (b) If a counterclaim has been pleaded or affirmative relief sought by the defendant in his answer, the action shall not be dismissed against the defendant's objection unless the counterclaim or request for affirmative relief can remain pending for independent adjudication by the court. (c) If a provisional remedy has been allowed and the action is dismissed under this section, the undertaking shall thereupon be delivered by the magistrate to the defendant who may have his action thereon. § 893. Judgment of dismissal for failure to bring to trial Judgment of dismissal shall be entered if the plaintiff fails to bring the action to trial within two years after the case is brought to an issue of law or fact, except where the parties have stipulated in writing that the time may be extended. § 894. Affirmative judgment for defendant on counterclaim Affirmative judgment may be rendered for the defendant on his counterclaim if the defendant proves that he is entitled to more than the plaintiff has proven or if the plaintiff fails to prove that he is entitled to any judgment. § 895. Remission of amount exceeding jurisdiction When the amount found due to either party exceeds the sum for which the magistrate is authorized to enter judgment, that party may remit the excess, and judgment may be rendered for the residue. § 896. Time for entry of judgment Judgment shall be entered within 30 days after the submission of the case to the court. § 897. Form and entry of judgment; arrest; notice of judgment The judgment of a magistrate shall be entered substantially in the form required by section 1703 of this title in an action to recover the possession of personal property. Where the defendant is subject to arrest and imprisonment thereon the fact shall be stated in the judgment. A judgment has no effect for any purpose until so entered. Notice of the rendition of judgment shall be given to the parties to the action in writing signed by the magistrate. The notice shall be substantially in the form of the abstract of judgment required in section 898 of this title. The notice shall be served upon the parties in the manner provided by section 719 of this title within five days after rendition of the judgment. § 898. Abstract of judgment The magistrate, on the demand of a party in whose favor judgment is rendered, shall give him an abstract of the judgment in substantially the following form (filling blanks according to the facts): Canal Zone, Magistrate's Court, Subdivision of , -, plaintiff, v., defendant. Judgment entered for plaintiff (or defendant) for $ , on the day of. I certify that the foregoing is a correct abstract of a judgment rendered in said action in this court. , Magistrate. Date of abstract .

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