Balestrieri v. Sullivan

This is an appeal from an order of the trial court made after judgment, under the provisions of section 949, Code of Civil Procedure, requiring appellants to furnish an undertaking in the sum of $5,000 to stay the enforcement of a mandatory injunction to remove a fence. Respondents’ notice of motion stated that it was made “pursuant to the discretion given said court for such purpose by Section 949 of the Code of Civil Procedure . . . and upon the ground that the real property of said plaintiffs has suffered, is now suffering, and will continue to suffer irreparable damage and injury during…