Cheesman v. Hanby

A judgment was rendered against the appellant in the justice’s court presided over by the respond ent, J. Walter Hanby, for the sum of $74.67. She gave hotice of appeal to the superior court on both the law and the facts and gave a bond for costs in the sum of $100. She gave no bond for a stay of proceedings as required by section 978 of the Code of Civil Procedure, and claims that no such bond is necessary when the appeal is on both the law and the facts. An execution was issued on the judgment by the justice of the peace after the appeal was taken and levied upon a claim of $20.19 due the…