From Casetext: Smarter Legal Research

Castera v. Gabellieri

Court of Appeal of California, Second District, Division One
Aug 9, 1935
8 Cal.App.2d 716 (Cal. Ct. App. 1935)

Opinion

Docket No. 10538.

August 9, 1935.

APPLICATION for a Writ of Supersedeas. Denied.

The facts are stated in the opinion of the court.

Ernest M. Torchia and W.A. Martin for Appellants.

No appearance for Respondent.


THE COURT.

[1] 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 P. 769].)

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


Summaries of

Castera v. Gabellieri

Court of Appeal of California, Second District, Division One
Aug 9, 1935
8 Cal.App.2d 716 (Cal. Ct. App. 1935)
Case details for

Castera v. Gabellieri

Case Details

Full title:JOHN CASTERA, Respondent, v. ALESSANDRO GABELLIERI et al., Appellants

Court:Court of Appeal of California, Second District, Division One

Date published: Aug 9, 1935

Citations

8 Cal.App.2d 716 (Cal. Ct. App. 1935)
48 P.2d 179