Legal Opinion

Hess v. Gross

California Court of Appeal

Decided January 7, 1943No. Civ. 2985PublishedCited by 6 opinions

1Opinion of the CourtBarnard, P. J.

This is an action against the sureties on an undertaking staying execution pending an appeal from a judgment for the delivery of the possession of real property.

In a former action against one Moodey this plaintiff recovered judgment, from which Moodey appealed on April 11, 1938. On April 20, 1938, an undertaking in the amount of $3,000 was filed for the purpose of staying execution of said judgment, which was signed by these defendants and which covered the commission of any waste upon the property and the value of the use and occupation thereof, in the event the judgment should be affirmed.…

2Cases cited4 opinions

  1. Kaufman v. ShainCalifornia Supreme Court · 1896
  2. Osmont v. All Persons, Etc.California Supreme Court · 1913
  3. Carter v. J. W. Silver Trucking Co.California Supreme Court · 1935
  4. In re SkerrettCalifornia Supreme Court · 1889

3Cited by6 opinions

  1. Bed, Bath & Beyond of La Jolla, Inc. v. La Jolla Village Square Venture PartnersCalifornia Court of Appeal · 1997
  2. Milicevich v. Sacramento Medical CenterCalifornia Court of Appeal · 1984
  3. People v. ColeyCalifornia Court of Appeal · 1968
  4. City of Los Angeles v. Superior CourtCalifornia Court of Appeal · 1968
  5. Young v. Gardner-Denver Co.California Court of Appeal · 1966

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