Root, Neilson & Co. v. Bryant

Citations

• 54 Cal. 182

Syllabus

<p>Appeal—Stay op Proceedings—Undertaking.—An undertaking for costs and damages under § 941, Code of Civil Procedure, stays proceedings on an appeal in all cases, except those specified in the Code of Civil Procedure, §§ 942-5. Held, accordingly, upon an appeal from a judgment for the foreclosure of a lien and the sale of the property subject thereto—the appeal being taken by. a lien-holder, not in possession of the land, whose lien was, adjudged subordinate to the lien foreclosed—that the undertaking for 'costs and damages staid the judgment.</p>