Walsh v. Soule
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. Action on an undertaking on appeal, given in an action of ejectment, to stay execution of judgment. The facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtMcKinstry, J.
The judgment in favor of plaintiff in the ejectment suit—Walsh v. Hill et al.—was entered February 25, 1873. The present action is on an undertaking, given on appeal from that judgment, to stay its execution. Amongst other things, the undertaking provides, that “if the judgment appealed from be affirmed, or the appeal be dismissed, they ” (present defendants) “ will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of the possession thereof,” etc. The answer herein avers that long before the entry or rendition of the judgment in ejectment,…
2Cited by5 opinions
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