Hill v. Finnigan

Citations

• 54 Cal. 493

Syllabus

<p>Appeal—Undertaking—Stay of Execution.—An undertaking on appeal to stay execution may be filed at any time, after the appeal is taken, and before the execution is satisfied.</p> <p>Id.—Id.—Id.—Justification of Sureties.—If, however, such an undertaking is filed, and the sureties are excepted to, and they, or others in their stead, fail to justify, a new undertaking cannot afterward be filed in the Court below.</p> <p>Id.—Id.—Id.—Id.—Supreme Court—Jurisdiction.—In such case, however, this Court lias the inherent power to secure to the appellant the fruits of a successful appeal, if it can be done without depriving the respondent of a substantial right; and may make an order to operate as a supersedeas upon proper terms.</p>