Boyer v. Superior Court

Citations

• 110 Cal. 401
• 42 P. 892
• 1895 Cal. LEXIS 1068

Syllabus

<p>Appeal—Stay of Execution—Justification of Sureties before Clerk —Option—Second Justification—Jurisdiction of Superior Court —Prohibition.—Where exception is made to the sufficiency of sureties upon a stay bond upon appeal, the parties have the option, under the statute, to justify either before a judge of the superior court or the county clerk; and where a justification is had before the county clerk, the court has no power to order the sureties to appear before it for a second justification; and a writ of prohibition will issue from the supreme court to prevent such action of the superior court.</p> <p>Id.—Authority of County Clerk—Review by Court.—The county clerk and a judge of the superior court are vested by the statute with equal authority as to the justification of sureties; and there is no provision of law for a review by the trial court of the action of the county clerk in passing upon the sufficiency of the sureties.</p> <p>Id.—Construction of Code — Authority to Order New Bond.—The authority given by the amendment of 1895 to section 954 of the Code of Civil Procedure is confined to the ordering of a new bond upon appeals from money judgments, where a perfect bond has been prepared and filed in the first instance, and any imperfections thereto have subsequently arisen; and that amendment does not provide for a further or second justification of the sureties upon the original bond.</p>