Hall v. Dineen

Response to-Motion by

Chief Justice Hobson.

The judgment appealed from herein, which was-affirmed, directs the master commissioner to pay to Ellen Dineen the sum of $620.72,' the balance found due her, out of the funds in his hands. Appellant superseded the judgment, and the clerk of this court, in entering the order of affirmance, so entered it as to give appellee ten per cent, damages upon the amount superseded. Appellant has entered a motion to set aside this part of the order. Sec. 764 of the Civil Code of Practice provides: “Upon the affirmance of, or the dismissal of an appeal from, a…