Wall v. Woods

GIVENS, J.-

— Respondent moves for an order compelling appellant to obtain a new surety on a supersedeas bond on the ground that one of the sureties on the supersedeas bond previously filed has become insolvent, and has left the state, which facts are not denied.

While California has held that, in the absence of a statute expressly empowering the appellate court to make such an order, it has no right so to do (Macomber v. Conradt, 4 Cal. Unrep. 723, 37 Pac. 382) ; the weight of authority and the better rule is the other way.

In furtherance of justice appellate courts have the inherent power,…