Von Schmidt v. Widber

Motion to dismiss the appeal.

The appellant was sued in his official capacity as treasurer of *512the city and county of San Francisco, and has appealed from the judgment against him. Section 946 of the Code of Civil Procedure provides that the court below may in its discretion dispense with an undertaking on appeal, “ when the appellant is an executor, administrator, trustee, or other person acting in another’s right,” and in Scheerer v. Edgar, 67 Cal. 377, it was held that this section applied to an action against a municipal officer in his official capacity. On the 19th of July, 1892, after the…