Powers v. Crane
California Supreme Court
Application for a writ of mandate to the judge- of the-Superior Court of Alameda County On December 21, 1880, the petitioner obtained a judgment against J. A. Johnson and J. B. Wyman for the foreclosure of a chattel mortgage and a sale of the mortgaged property. From this judgment and an order denying a new trial an appeal was taken.
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Application for a writ of mandate to the judge- of the-Superior Court of Alameda County On December 21, 1880, the petitioner obtained a judgment against J. A. Johnson and J. B. Wyman for the foreclosure of a chattel mortgage and a sale of the mortgaged property. From this judgment and an order denying a new trial an appeal was taken. To perfect the appeal an undertaking in the sum of $300, conditioned to pay the costs and damages on appeal, was executed, and also an undertaking in the sum of $6,661.36 to stay proceedings on the judgment.- After an affirmance of the judgment and order on…
1Opinion of the CourtRoss, J.
The petitioner’s counsel states' that if the undertaking given to stay execution in the action entitled Johnson v. Powers was not binding upon the sureties thereon, it would be idle to compel the respondent by mandamus to act. upon the petitioner’s motion. In this respect we agree with petitioner, and therefore inquire whether the undertaking is binding upon the sureties. Johnson v. Powers was an - action in which by cross complaint, the defendant therein sought the foreclosure of a chattel mortgage. The court by its decree ascertained the amount due from the plaintiff to the defendant, and…
2Cases cited2 opinions
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