Duffy v. Greenebaum
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, from an order refusing to vacate the same, and from an order refusing a new trial. The action was brought to enjoin the defendants from operating certain machinery situated in part of a building leased from the plaintiff, in such a manner as to annoy the latter.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, from an order refusing to vacate the same, and from an order refusing a new trial. The action was brought to enjoin the defendants from operating certain machinery situated in part of a building leased from the plaintiff, in such a manner as to annoy the latter. Judgment was rendered in favor of the plaintiff as prayed for, together with damages and costs, amounting to $457. The defendants, having given notice of appeal, filed an undertaking, which, after reciting the judgment and orders appealed from,…
1Opinion of the CourtThornton, J.
—: Motion to dismiss appeal.
The opinion in Department Two is correct, and will stand as the opinion of the court.
We add, the requisition of an undertaking on appeal (of three hundred dollars) is clear and distinct (Code Civ. Proc., secs. 940,941), and without this undertaking, it is declared “the appeal is ineffectual for any purpose.” (Sec. 940.) • The undertaking to stay execution is also prescribed and its requisites distinctly declared. (Code Civ. Proc., sec. 942.) It so happens that by the requirement of the statute (section last cited) the provisions of the undertaking on appeal are…
2Cases cited1 opinion
- Biagi v. HowesCalifornia Supreme Court · 1883
3Cited by8 opinions
- Edwards v. Superior Court, in & for the Cty. of AlamedaCalifornia Supreme Court · 1911
- Weiser River Fruit Ass'n v. FelthamIdaho Supreme Court · 1918
- Edminston v. SteeleIdaho Supreme Court · 1906
- Hill v. CassidyMontana Supreme Court · 1900
- Peale v. ClarkUtah Supreme Court · 1917
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