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64 Cal. 232

Snow v. Holmes

California Supreme Court

Decided October 22, 1883

California Supreme Court · decided 1883-10-22

<p>Appeal—Undebtakinq—Mobioaoe—Fobeclosube.— On appeal from a judgment for foreclosure of a mortgage upon personal property, an undertaking in the sum of three hundred dollars is sufficient to stay the execution of the judgment pending the appeal.</p>

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Decided 1883-10-22

How this case has been cited

Cited by 6 later decisions — most recently August 1901

6 state decisions

30188318901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1This is an application fora writ of supersedeas, staying the execution of the judgment pending the appeal, in an action for the foreclosure of a mortgage of personal property. The appellant (mortgagor) has executed the usual undertaking on appeal for three hundred dollars.

¶2The judgment in this case was rendered in accordance with section 726 Code of Civil Procedure. The Code prescribes no bond in addition to the three hundred dollar bond in such a case. Section 949 provides that in cases not provided for in the sections therein named, the appeal is perfected by giving the undertaking provided in section 941. Such being the statute, we must be governed by it.

¶3The motion is granted.

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