Dore v. Covey

Citations

• 13 Cal. 502

Syllabus

<p>Ik an undertaking on appeal, the names of the sureties need not appear in the body of the paper.</p> <p>The stay of proceedings, accorded by the statute to the execution of the undertaking, is a sufficient consideration.</p> <p>Non-compliance with the directory provisions of the statute, intended for the benefit of the Respondent, does not vitiate the undertaking.</p> <p>Residence of the sureties, and their occupation, and that the penalty must he double the amount of the judgment, are directory provisions.</p> <p>The execution of the paper, the delivery of it to the Clerk, filing it among the papers with the affidavit, and the actual suspension of proceedings, is prima facie, as sufficient proof of delivery, if delivery is essential, as if the instrument were sealed.</p>