Citation Numbers: 10 Cal. 188
Judges: Burnett
Filed Date: 7/1/1858
Status: Precedential
Modified Date: 1/12/2023
Terry, C. J., and Field, J., concurring.
The plaintiffs obtained judgment in the Court below; and the defendant filed notice and undertaking on appeal. The plaintiff having excepted to the sufficiency of the sureties, they failed to justify to the satisfaction of the clerk, who proceeded to issue execution. The defendant then applied to the Judge of the District Court, who granted an order of supersedeas; and from this order the plaintiffs appealed.
Upon an examination of the proceedings before the clerk, we are satisfied that he was correct in disregarding the undertak
The action of the District Court in making the order, was erroneous, and the order is, therefore, vacated.