Karth v. Light
California Supreme Court
Appeal from the Sixth District. Suit on an undertaking executed by defendants, as is stated in the opinion. The Court below nonsuited plaintiff, who appeals.
1Opinion of the CourtField, C. J.
Baldwin, J. and Cope, J. concurring.
In 1857 the plaintiff recovered a judgment against Houck and Meyers, for the possession of certain premises, situated in the city of Sacramento. From the judgment Houck appealed to the Supreme Court; and to stay its execution, pending the appeal, filed the undertaking upon which the present action is brought. The undertaking provides, in the terms of the statute, that the defendants “ will not commit, or suffer to be committed any waste thereon ; and that if the judgment be affirmed, they will pay the value of the use and occupation of the property, from…
2Cases cited2 opinions
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