Gregory v. Keating

Appeal—Dismissal.—From a Decree of Foreclosure defendants appealed. Bespondent moved to dismiss the appeal, and in support thereof filed affidavits as follows: That appellants had threatened, in case of foreclosure sale, to resist the issuing of a writ of assistance to place 'the purchaser in possession thereof; that the property was insufficient security for the debt, its value decreasing, with danger, by reason of noninsuranee, of further loss; that appellants were insolvent, and had stated their appeal to be for purposes of delay and vexation; that the amount of the undertaking on the appeal was insufficient to cover the probable deficiency that would arise from the foreclosure sale, and was fixed by a judge other than that of the trial court, in chambers, without notice to or knowledge of respondents; that the trial court refused to set aside said undertaking, or increase the amount thereof, because the supreme court alone had jurisdiction after the appeal was taken; and that appellants had deposited no money in court to perfect their appeal. Held, that this showing was insufficient to support such motion.

Appeal—Issue of Execution Pending Appeal.—In such ease the facts alleged are insufficient to support a motion to issue an execution or grant an order of sale pending the appeal.-

Appeal—Motion to Advance Hearing.—In such case a motion to advance the hearing of the cause will be denied.