Daly v. Wolfard Bros., Inc.

On Angnst 6,1953, during a recess of the court, Mr. Justice Lusk, on application of appellant made in chambers, granted a temporary restraining order staying execution on a judgment o.f the Circuit Court for Clackamas County in the sum of $3779.00 plus $31.48 costs in favor of respondent and against appellant.

Prom a showing in writing it appeared that appellant, in appealing from the judgment, had inadvertently *243given an undertaking for costs only. Thereafter respondent caused appellant’s bank account to be levied upon and was threatening to proceed with the execution of said judgment.…