Ebner v. Steffanson
North Dakota Supreme Court
Action for the recovery upon a money judgment of the Superior Court of Loa Angeles County, California, District Court, Burleigh County, Nuessle, J. From a judgment in favor of plaintiff the defendant appeals.
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Action for the recovery upon a money judgment of the Superior Court of Loa Angeles County, California, District Court, Burleigh County, Nuessle, J. From a judgment in favor of plaintiff the defendant appeals. “The effect of the judgment of California must be determined by the laws of California.” 23 Cyc. 1563; 2 Elliott, Ev. § 1535 • Mills v. Duryee, 7 Cranch, 411, 3 L. ed. 478; Cole v. Cunningham, 133 U. S. 107; Fox v. Nick, 20 Cal. 599, 129 Pac. 972; 1 Nose’s Notes (U. S.) p. 576. Where no bond has been given on appeal there can be no stay of execution, and judgment may be sued on in this…
1Concurrence
Ci-iristianson, Ch. J.
(concurring). I concur in an affirmance of the judgment, with the modification thereof directed in the opinion prepared hy Mr. Justice Grace. As stated in that opinion, the specifications of error on this appeal relate to, and in reality present only, the one question, — May a judgment rendered in the superior court of California be sued upon in this state while an appeal from such judgment is pending in the supreme court of California, where there has been no compliance with the California statutes providing for a stay of proceedings on appeal upon the filing of a…
2Cases cited1 opinion
- Spencer v. BarnesOregon Supreme Court · 1913