Stewart v. Superior Court of San Diego Cty.

Citations

• 100 Cal. 543
• 35 P. 156
• 1893 Cal. LEXIS 831

Syllabus

<p>Appeal—Bond—Stay of Execution—Mandatory Injunction—Connection of Pipe-lines—Contempt.—An ordinary appeal bond in the sum of three hundred dollars upon an appeal from a judgment enjoining the defendants from interfering with the plaintiff in making a connection of his water-pipe with a pipe-line of the defendants, operates as a supersedeas to stay execution of the injunction, which is mandatory in its nature in so far as it authorizes the plaintiff to connect his pipe with that of the defendants; and where it appears that the plaintiff had not made such connection prior to the commencement of the action, but after the judgment and perfecting of the appeal had entered the defendants’ premises and made the connection of the pipes, the defendants were not guilty of contempt of court in breaking the connection and restoring the pipe to its original condition.</p> <p>Id.—Mandatory or Permissive Injunction Stayed by Appeal.—Although, as a general rule, an injunction is not dissolved or suspended by an appeal, yet this is not true where the judgment commands or permits some act to be done. In such a case the proceedings are stayed by the perfecting of an appeal, as to all affirmative action looking to the execution of the terms of the decree.</p> <p>Id.—Injunction, When Mandatory.—An injunction, though restrictive in form, is in fact mandatory if it has the effect to compel the performance of a substantive act.</p>