Castera v. Gabellieri

California Court of Appeal Aug 9, 1935 No. Civ. No. 10538Published

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Holding. The court denied a petition for a writ of supersedeas to stay execution on a judgment because the orders appealed from were not the same judgments upon which the execution was issued.

Issues

Whether a writ of supersedeas should be granted to stay execution on a judgment when the petitioners have appealed from different orders.

Disposition. denied

Quotations verified verbatim against the opinion

“This petition of a judgment debtor and of a third party claimant, for writ of supersedeas to stay proceedings on execution issued for enforcement of plaintiff's' judgment against the judgment debtors, is denied.”

“The judgments or orders from which petitioners have appealed, are not the judgment on which execution has been issued.”

THE COURT. This petition of a judgment debtor and of a third party claimant, for writ of supersedeas to stay proceedings on execution issued for enforcement of plaintiff's' judgment against the judgment debtors, is denied. The judgments or orders from which petitioners have appealed, are not the judgment on which execution has been issued. The statute contemplates that third party claimant who desires to release property from levy shall give security therefor. (Code Civ. Proc., sec. 710; Mazuran v. Finn, 53 Cal. App. 656 [200 Pac. 769].)

A petition for a rehearing of this cause was denied by the District Court of Appeal on August 16, 1935. .

Castera v. Gabellieri

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