Ford v. Thompson

Citations

• 19 Cal. 118

Syllabus

<p>Where, in an action for personal property with damages for its detention, the verdict was for defendant, and subsequently the Court below made an order granting a new trial, from which order defendant appealed to the Supreme Court, giving an undertaking for damages and costs under the three hundred and forty-eighth section of the Practice Act, and then the Court below, against the objection of defendant, proceeded to try the- cause a second time, when plaintiff had verdict and judgment: Held, that the judgment must be reversed, because the Court below could not proceed with a second trial until the appeal from the order was determined.</p> <p>On appeal from an order granting a new trial in such case, the verdict being in favor of the defendant and appellant, an undertaking for damages and costs, according to section three hundred and forty-eight of the Practice Act, is sufficient to stay proceedings pending the appeal.</p>