Hale & Norcross Silver Mining Co. v. Fox

Citations

• 122 Cal. 56
• 54 P. 270
• 1898 Cal. LEXIS 525

Syllabus

<p>Appeal—Pendency op Motion to Dismiss—Supersedeas—Where the question, whether an order appealed from is or is not appealable, cannot be determined by a mere inspection of the order, but involves a consideration of the merits of the appeal, it ■ will not be determined in advance of the hearing of the appeal upon its merits. While a motion to dismiss the appeal is pend- . ing and undetermined, it is the duty of the superior court to refrain from enforcing the order, and a writ of supersedeas will be granted to prevent such enforcement.</p>