Hathaway v. Davis
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Plaintiff recovered judgment in the District Court of the Fifteenth Judicial District, November 17th, 1862, against one Lewis Brady, for ten thousand and eighty-seven dollars and fifty cents.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Plaintiff recovered judgment in the District Court of the Fifteenth Judicial District, November 17th, 1862, against one Lewis Brady, for ten thousand and eighty-seven dollars and fifty cents. Said Brady, on the first day of December, 1862, filed in said Court his notice of appeal to the Supreme Court from said judgment, and from an order of said District Court denying his motion for a new trial in said action. On the same day the defendants and one Leland executed, on behalf of Brady, their…
1Opinion of the Court
By the Court, Sanderson, J.:
This is an appeal from an order denying a motion to dissolve an attachment. The action is against sureties on an appeal bond, which is in the ordinary form of an undertaking on appeal where a stay of proceedings is sought. It contains two premises. 1st. “ That the appellant will pay all the damages and costs which may be awarded against the defendant on the appeal, not exceeding three hundred dollars;” and, 2d. “ That if the judgment appealed from, or any part thereof, be affirmed, the appellant shall pay the amount directed to be paid thereby, or the part of such…
2Cases cited2 opinions
- Irwin v. BackusCalifornia Supreme Court · 1864
- Tarpey v. ShillenbergerCalifornia Supreme Court · 1858
3Cited by47 opinions
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- De Leonis v. EtchepareCalifornia Supreme Court · 1898
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- Hale Bros. v. MillikenCalifornia Supreme Court · 1904
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