Hinkel v. Crowson
California Supreme Court
APPLICATION for Writ of Supersedeas to stay execution pending an appeal from a judgment of the Superior Court of Alameda County. The facts are stated in the opinion of the court. James F. Sheehan, Chas. J. Heggerty and Knight & Heggerty for Appellant.
1Opinion of the Court
THE COURT.
This is an application for a writ of supersedeas pending appeal, in a case in which the judgment adjudged a vendor’s lien and directed a sale in satisfaction thereof. The case falls within the provisions of section 945 of the Code of Civil Procedure, the judgment directing the sale of real property. .The property is in the possession of appellant. Section 945 of the Code of Civil Procedure requires that the judge of the court rendering the judgment shall fix the amount of the bond. It is alleged that the judge refuses to fix the amount of a bond to indemnify against waste alone, but…
2Cases cited2 opinions
- Englund v. LewisCalifornia Supreme Court · 1864
- Doudell v. ShooCalifornia Supreme Court · 1910