Woodruff v. City of Los Angeles

WORKS, P. J.

This is-an application for a writ of

supersedeas,

presented some time ago, asking for a stay of proceedings in the trial court in the case of

City of Los Angeles

v.

J. G. Oliver, Leonard J. Woodruff,

and others, then pending on appeal in this court and still pending here for certain purposes. Upon the presentation of the application a temporary

supersedeas

was ordered. Upon oral argument the order was not disturbed. On December 5, 1930, we filed our opinion disposing of the appeal, by it affirming the judgment.

This conclusion having been reached by us, we think the temporary

supersedeas

should not stand for the few remaining days during which the cause in which the appeal was taken will be

sub judice

in this court for the purpose of passing upon a possible petition for rehearing. All points presented on the appeal having been determined adversely to petitioner, appellant on the appeal, the cause is in a very different situation from that it occupied when the temporary

supersedeas

was issued. We are satisfied that the appeal is without merit.

The order for a temporary

supersedeas

is vacated.

Thompson (Ira F.), J., concurred.

Craig, J., and Archbald, J.,

pro

fern., were not present at the oral argument and did not participate in the foregoing decision.