Osborn v. Hendrickson

Citations

• 6 Cal. 175

Syllabus

<p>Where an appeal is withdrawn or dismissed by consent of both parties, without being called to a final hearing, no action can be maintained on the appeal bond.</p> <p>And where the action was for restitution of land, and pending the appeal, the plaintiff transferred his judgment to a third party, and sold the premises to the defendant, Held, that the plaintiff's recourse for rent, if he have any, is against the defendant for use and occupation, and not upon the bond.</p>