Ellinwood v. McCoy

From the several statements of fact contained in the record herein, it is assumed by this court that the pertinent and essential conditions which appertain to the application herein are substantially that in an action pending in the superior court between the parties hereto the plaintiff therein recovered judgment for a substantial amount; that thereupon the defendant gave notice of appeal and, in accordance with the provisions of the statute with reference thereto, for the purpose of staying execution of the judgment pending such appeal, filed an undertaking which was executed by a regularly…