Green v. Hebbard

Citations

• 95 Cal. 39
• 30 P. 202
• 1892 Cal. LEXIS 783

Syllabus

<p>Appealable Order — Order Refusing to Vacate Order for Writ of Possession—Motion by Stranger to Record. — An appeal lies from an order denying the motion of one not a party to the record to vacate or modify an order for a writ of possession.</p> <p>Id. — Stay op Execution—Duty of Court to Fix Bond —Mandamus. — One having a right of appeal from such order may insist upon the duty of the court to fix the amount of the undertaking necessary to stay the operation of the writ of possession, under section 945 of the Code of Civil Procedure, and the discharge of such duty may he compelled by writ of mandate.</p> <p>Id. — Merits of Appeal not Considered. — Upon application for a writ of mandate to compel the court to fix the amount of a bond to stay execution, the merits of the ruling appealed from cannot he considered.</p>