In re Estate of Schedel
California Supreme Court
Application for a writ of supersedeas to stay proceedings on a decree of distribution of the estate of a deceased testator, pending an appeal therefrom by a legatee. The appeal was regularly taken, and was accompanied by an undertaking in the sum of three hundred dollars, as provided for by section 941 of the Code of Civil Procedure. The further facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
The question in this case is, whether, on appeal taken by a legatee from a decree of distribution, the execution of the undertaking provided for by section 94-1 of the Code of Civil Procedure, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars, stays proceedings in the court below, upon the judgment appealed from.
Under the provisions of our code, we think it does. Section 949 of the Code of Civil Procedure reads:—-
"In cases not provided for in sections 942, 943, 944, and…
2Cited by22 opinions
- McCallion v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1893
- Born v. HorstmannCalifornia Supreme Court · 1889
- Halsted v. First Savings BankCalifornia Supreme Court · 1916
- Pennie v. Superior Court of San FranciscoCalifornia Supreme Court · 1891
- Dabney v. PhilleoCalifornia Supreme Court · 1951
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