Williams v. Borgwardt

Citations

• 115 Cal. 617
• 47 P. 594
• 1897 Cal. LEXIS 482

Syllabus

<p>Appeal—Bond to Stay Execution—Failure of Sureties to Justify— Filing of Bond in Appellate Court — Supersedeas—Showing of Excusable Neglect.—The appellate court has inherent power to make an order to operate as a supersedeas upon condition that a good bond to stay execution is filed therein; but it will not exercise such power where a stay bond has been filed in the court below, and the sureties thereon have failed to justify, when excepted to, if there is no showing of accident, surprise, inadvertence, or excusable neglect in the failure of the sureties to justify, or of the appellant to procure other sureties; and the mere fact that the sureties were absent from the county is not a sufficient excuse, where it is not shown that they were notified or requested to attend, or that they were absent without the consent of the appellant, or that any effort was made to secure their attendance or to procure other sureties.</p>