Brown v. Rouse

Citations

• 115 Cal. 619
• 47 P. 601
• 1897 Cal. LEXIS 483

Syllabus

<p>Appeal—Stay of Execution—Exception to Sureties on Stay Bond— Time for Justification — Second Notice — New Bond.—Where the sureties on a bond given to stay execution pending an appeal have been excepted to by the respondent, the appellant has the full period of twenty days after such exception in which the sureties on the original bond or on a new bond, may justify, and if the sureties fail to appear for justification in pursuance of one notice, and there is sufficient time left of the twenty days allowed for justification to produce the same or other sureties upon five days’ notice, the appellant may give a new notice of justification, and, at the time noticed, may tender a new bond, the sureties upon which may then justify.</p> <p>Id.—Order Granting Execution—Supersedeas.—Where the court below has made an improper order granting an execution while there is a proper bond on file to stay execution, the appellate court will grant a writ of supersedeas to stay the execution of the judgment.</p>