Dobbins v. Dollarhide
California Supreme Court
Appeal from the Seventh District. The respondent moved to dismiss the appeal for the reasons stated by the Court. The motion was based on an affidavit setting forth that the examination of the sureties, on notice of justification, showed them to be worth less than the amount required. The examination was also contained in the record.
1Opinion of the Court
On the motion to dismiss, the opinion of the Court was delivered by Field, C. J.
Baldwin, J. concurring.
The motion to dismiss the appeal is made on two .grounds: the alleged insufficiency of the justification of the sureties, and the omission to designate in the undertaking their places of residence and occupation.
The undertaking is not merely to render the appeal effectual, but to stay the execution of the judgment, and were the justification insufficient for the latter purpose, it might be ample for the first. It is so in this case, and this fact disposes of the motion. We express no…
2Cited by4 opinions
- Ferguson v. DentUnited States Circuit Court · 1886
- Boyer v. Superior CourtCalifornia Supreme Court · 1895
- Pacific Window Glass Co. v. SmithCalifornia Court of Appeal · 1908
- Edminston v. SteeleIdaho Supreme Court · 1906