Crane v. Weymouth

Citations

• 54 Cal. 476

Syllabus

<p>Appeal—Undertaking.—Where a judgment Is reversed hy the State Supreme Court, hut afterward finally affirmed, in pursuance of judgment of reversal of the United States Supreme Court, the sureties on the undertaking on appeal are liable.</p> <p>Id.—Id.—Mesne Profits.—An action upon an undertaking on appeal given, in such a case, for the value of the use and occupation of the land, is not an action of trespass for mesne profits, but is an action upon a contract against the original obligors, upon which, by its terms, the liability of the defendants has accrued; and the action may therefore be brought, before the plaintiff regains the possession of the land.</p>