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Haupt v. Charlie's Kosher Market

Supreme Court of California
Apr 25, 1941
17 Cal.2d 873 (Cal. 1941)

Opinion

Docket Nos. L.A. 16948, 16949.

April 25, 1941.

APPEALS from orders of the Superior Court of Los Angeles County recalling execution, directing deposit of money and staying execution pending appeal. Robert W. Kenny, Judge. Appeal dismissed.

William Haupt, in pro. per., and Charles W. Cradick for Appellant.

De Forrest Home, E.O. Leake and J.J. Leake for Respondents.


The appeals in these two consolidated cases are related to the case of Haupt v. Charlie's Kosher Market et al., L.A. No. 16957, this day decided, ante, p. 843 [ 112 P.2d 627]. In the decision in that case the judgment appealed from was affirmed in favor of plaintiff therein.

These two appeals taken by plaintiff in said case L.A. No. 16957 are from separate but similar orders made by the trial court therein after rendition of judgment, by which the trial court recalled execution of the judgment, directed a deposit in court of the amount of the lien claimed by plaintiff, and ordered a stay of execution pending the appeal from the judgment.

Our affirmance of the judgment in L.A. No. 16957 obviates any question as to plaintiff's right to take appropriate steps to realize on the judgment, and necessarily renders the present appeals moot.

The appeals from the orders are, and each is, dismissed.

Shenk, J., Curtis, J., Edmonds, J., Carter, J., and Traynor, J., concurred.


Summaries of

Haupt v. Charlie's Kosher Market

Supreme Court of California
Apr 25, 1941
17 Cal.2d 873 (Cal. 1941)
Case details for

Haupt v. Charlie's Kosher Market

Case Details

Full title:WILLIAM H. HAUPT, Appellant, v. CHARLIE'S KOSHER MARKET et al., Respondents

Court:Supreme Court of California

Date published: Apr 25, 1941

Citations

17 Cal.2d 873 (Cal. 1941)
112 P.2d 629