Woodbury v. Bowman

Citations

• 13 Cal. 634
• 1859 Cal. LEXIS 219

Syllabus

<p>In a suit on an injunction bond, defendant, to show that the injunction suit was still pending, offered in evidence, an oi'der from the Supreme Court, directing the Court below to fix the amount of a suspensive appeal bond, that Court having dissolved the injunction. Held, that the order was properly rejected, the defendant not offering to show that the bond and notice of appeal were given, and the transcript filed in the Appellate Court.</p> <p>Where a suit is pending in the Supreme Court on appeal, the judgment below is suspended for all purposes, and it is not evidence upon the questions at issue, even between the parties.</p>