Gray v. Superior Court
California Supreme Court
Application for writ of prohibition. The facts with regard to the justification of sureties were, substantially, as stated in the syllabus.
1Opinion of the Court
The Court:
An instrument purporting to be an undertaking in the sum of more than one hundred dollars was filed in the Justice’s Court with the notice of appeal for the payment of costs on appeal. In McConky v. The Superior Court, 55 Cal. 84, no undertaking for costs on appeal had been filed either in the Justice’s or Superior Court; nevertheless, the latter Court was proceeding to hear the appeal. Prohibition issued, this Court saying: “ Whether a proper undertaking for the payment of costs on appeal may be substituted in the Superior Court for one insufficient in form filed with the Justice,…
2Cases cited1 opinion
- McConky v. Superior CourtCalifornia Supreme Court · 1880
3Cited by5 opinions
- McCracken v. Superior CourtCalifornia Supreme Court · 1890
- Cohen v. ConnickCalifornia Court of Appeal · 1915
- McDonald v. ParisSouth Dakota Supreme Court · 1896
- Drainage Dist. No. 5, Oklahoma County v. FerrellSupreme Court of Oklahoma · 1912
- Washington National Insurance v. Superior CourtCalifornia Court of Appeal · 1933