Wyland v. Wyland

California Court of Appeal Aug 19, 1952 No. Civ. No. 4529Published

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Holding. The court denied a petition for a writ of supersedeas to stay the sale of real property because the appellant failed to comply with the requirements of section 945 of the Code of Civil Procedure.

Issues

Whether a writ of supersedeas should be granted to restrain the sale of real property pending appeal when the appellant failed to comply with section 945 of the Code of Civil Procedure.

Disposition. Denied

Quotations verified verbatim against the opinion

“The appellant having failed to comply with section 945 of the Code of Civil Procedure, and no sufficient reason having been shown why a stay was not perfected in accordance therewith, the petition must be denied.”

“The writ is denied and the order to show cause heretofore issued is discharged.”

THE COURT. This is a petition for a writ of supersedeas to restrain the sale of certain real property, pursuant to an order of sale included in a judgment, pending the appeal from that judgment.

The appellant having failed to comply with section 945 of the Code of Civil Procedure, and no sufficient reason having been shown why a stay was not perfected in accordance therewith, the petition must be denied. (Guardianship of Morro, 14 Cal.2d 134 [92 P.2d 1012].)

The writ is denied and the order to show cause heretofore issued is discharged.

Wyland v. Wyland

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