Foster v. Superior Court

Citations

• 115 Cal. 279
• 47 P. 58
• 1896 Cal. LEXIS 1007

Syllabus

<p>Appeal—Stay of Proceedings — Judgment upon Contest of Election for Directors of Railway Company—Injunctions—Enforcement of Judgment.—Upon an appeal from a judgment rendered in the superior court upon the contest of an election for directors of a railway company, as between two contestants, all proceedings upon the judgment are stayed upon the execution of the ordinary appeal bond; and the court cannot enforce its judgment pending the appeal, notwithstanding it purports to enjoin the other directors from interfering with the one declared elected by the judgment in the exercise of his office as a director, such injunction being merely ancillary and incidental to the judgment determining the right to the office, and suspended by the appeal, since the enforcement would carry the judgment into effect, and change the relative position of the parties from those existing when the judgment was entered, and might render a reversal of the judgment entirely ineffectual.</p> <p>Id. — Refusal to Recognize Directors adjudged Elected — Citation for Contempt—Certiorari.—The superior court has no jurisdiction, after proceedings have been stayed by appeal from its judgment determining the contest for the election of directors of the railway corporation, to punish any of the other directors for contempt for refusal to recognize the director adjudged to have been elected, or to permit him to act as such director, in disobedience to the judgment, and an order adjudging him guilty of contempt for such disobedience will be annulled upon writ of review.</p>