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Engelken v. Justice Court of Eden Township

Court of Appeal of California, First District, Division Two
Mar 10, 1920
46 Cal.App. 512 (Cal. Ct. App. 1920)

Opinion

Civ. No. 3348.

March 10, 1920.

APPLICATION for a Writ of Supersedeas to restrain a justice court from hearing a motion to dismiss an appeal. Granted.

The facts are stated in the opinion of the court.

J. C. Thomas for Petitioner.

Charles Quayle for Respondents.


[1] This is an application for a writ of supersedeas to restrain the respondent from proceeding further with a motion (dated February 5, 1920) to dismiss an appeal which has been taken to this court. Said motion made in the trial court was based upon the ground that the undertaking which was filed by appellant was not properly filed.

[2] It is not necessary at this time to pass upon the question of the propriety of the filing of the undertaking. But as a motion to dismiss an appeal can be made in this court only, and such motion must be denied if a proper undertaking, approved by a justice of this court, is filed, it is ordered:

That a writ of supersedeas issue, commanding the respondent to proceed no further with the hearing or determination of said motion, and, to avoid question as to the sufficiency of the undertaking, it is ordered that the same may be presented to a justice of this court for approval.


Summaries of

Engelken v. Justice Court of Eden Township

Court of Appeal of California, First District, Division Two
Mar 10, 1920
46 Cal.App. 512 (Cal. Ct. App. 1920)
Case details for

Engelken v. Justice Court of Eden Township

Case Details

Full title:F. W. ENGELKEN, Petitioner v. JUSTICE COURT OF EDEN TOWNSHIP et al.…

Court:Court of Appeal of California, First District, Division Two

Date published: Mar 10, 1920

Citations

46 Cal.App. 512 (Cal. Ct. App. 1920)
189 P. 298

Citing Cases

Taliaferro v. Davis

Finally we take up the appeal filed March 13, 1961, from the denial of appellant's motion to dismiss…