Hunt v. Berryman

jjelivered the opinion op the court:

This is a motion to quash the supersedas which was issued in this case by the clerk of this court, on the ground that it was issued before a copy of the record had been filed in his office.

By section 889 of the Civil Code, it is provided, “ that a supersedeas shall not be issued by the clerk of the court of appeals until an authenticated copy of the record, with a certified copy of the supersedeas bond, if it was executed before the clerk of the inferior court, shall be filed in his office.”

The prohibition is imperative. A rule is prescribed and no…