Legal Opinion

Hill v. Finnigan

California Supreme Court

Decided July 1, 1880No. 6,993PublishedCited by 31 opinions

Motion to stay execution pending an appeal from a judgment for the plaintiff, in the Fifteenth District Court, City and County of San Francisco.

1Opinion of the Court

Department No. 1, McKinstry, J.

The appellant filed in the Court below undertakings in form complying with, and executed as required by, §§ 941 and 942 of the Code of Civil Procedure; respondent excepted to the sufficiency of the sureties, and neither they nor other sureties justified. Appellant asks leave to file sufficient undertakings in this Court.

1st. The undertaking on appeal—the filing of which, by § 940 of the Code of Civil Procedure, is necessary to render the appeal effectual for any purpose—is the $300 undertaking mentioned in § 941. This is made manifest by reading the several…

2Cases cited1 opinion

  1. Schacht v. OdellCalifornia Supreme Court · 1877

3Cited by31 opinions

  1. Lake v. LakeNevada Supreme Court · 1882
  2. Luckenbach v. KrempelCalifornia Supreme Court · 1922
  3. McCracken v. Superior CourtCalifornia Supreme Court · 1890
  4. Halsted v. First Savings BankCalifornia Supreme Court · 1916
  5. Southern Pacific Co. v. Superior CourtCalifornia Supreme Court · 1914

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