McConky v. Superior Court
California Supreme Court
Prohibition to the Superior Court of Alameda County, and W. E. Greene, one,of the Judges thereof. A suit was commenced in a Justice’s Court by T. H. Isaacs against Samuel McConky, this plaintiff in the proceeding, and judgment rendered in favor of the latter. A notice of appeal to the Superior Court was served and filed, but no undertaking for costs and damages was filed.
1Opinion of the Court
McKinstry, J.:
Section 978 of the Code of Civil Procedure provides: “An appeal from a Justice’s or Police Court is not effectual for any purpose, unless an undertaldng be filed with two or more sureties, in the sum of one hundred dollars, for the payment of the costs on appeal, or, if a stay of proceedings be claimed, in a sum equal to twice the amount of the judgment,” etc. The word “ or ” in the foregoing extract is to be read “ and,” This *84is made manifest from the circumstance that the condition and penalty of the undertaking provided for in the first clause are different from those…
2Cited by11 opinions
- Roberts v. Superior CourtCalifornia Court of Appeal · 1968
- Edwards v. Superior Court, in & for the Cty. of AlamedaCalifornia Supreme Court · 1911
- A. M. Bergevin & A. M. Bergevin & Co. v. WoodCalifornia Court of Appeal · 1909
- Jones v. Superior Court of Kern Cty.California Supreme Court · 1907
- Laws v. TrouttCalifornia Supreme Court · 1905
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