gno.law

Castera v. Gabellieri

California Court of Appeal · Civ. No. 10538 · 1935-08-09 · Published · 8 Cal. App. 2d 716 · 48 P.2d 179 · 1935 Cal. App. LEXIS 726

JOHN CASTERA v. ALESSANDRO GABELLIERI

Area
civil

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

THE COURT.

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 Pac. 769].)

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

Cites, in this corpus