Buckholder v. Byers
BUCKHOLDER v. BYERS
- Area
- civil
- Panel
- Stephen J. Field (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Field
Field, J., delivered the opinion of the Court Terry, C. J., and Baldwin, J., concurring.
The motion must be granted. Until an appeal is taken, there is nothing to give effect to the undertaking. If an appeal could be rendered effectual by an undertaking filed one month pre*482viously, it might be by an undertaking filed at any time previously within a year. And the undertaking, if of sufficient amount, must operate, if at all, to stay proceedings, and it would thus often happen that a stay would be obtained for the entire period during which an appeal is allowed, and no appeal in fact be ever taken.
The filing of the notice of appeal must precede the filing of the undertaking.
Appeal dismissed.
Cited by
- American Surety Co. of New York v. Superior Court Docket No. L.A. 14061. · 1933-06-22
- Little v. Jacks No. 9839 · 1886-01-16
- Hewes v. Carville Manufacturing Co. No. 7,591 · 1881-03-21
- Dooling v. Moore · 1861-07-01