Mary R. Maxwell, as of the Estate of R. B. Maxwell v. State of California, Acting by and Through Allan Cranston, Controller of the State of California

This appeal is from a judgment in favor of the State of California and comes to us from the United States District Court for the Northern District of California, Southern Division.

The facts are not complex and briefly, are as follows:

During the period September 1953 to April 1959, Alexander Vincze became indebted to the State of California in an amount now over $25,000 which consists of motor vehicle license taxes, penalties and interest. Vincze became liable for said taxes as controlling stockholder of several Oregon trucking companies whose vehicles used California highways. Demand for payment by the State was made upon Vincze but nothing was paid.

In an unrelated action brought by the Interstate Commerce Commission, an injunction was issued against Vincze. He appealed and asked this court for a stay of the injunction pending appeal. The stay was granted on January 28, 1959 upon condition that Vincze post a super-sedeas bond in the amount of $25,000 to indemnify the appellees of that action from any damages sustained by reason of the stay in the event that the judgment appealed from was affirmed. Vincze, through his attorney, mailed a cashier’s check for $25,000 to the…