California Standard Finance Corp. v. Cornelius Cole, Ltd.

On examination of the application to this court for a writ of supersedeas, the material facts appear to be that in an action in the superior court, in which the petitioner herein was the plaintiff, one of the defendants therein was awarded a judgment against the plaintiff for costs only expended by the said defendant in the action, which amounted to the sum of $572.55; from which judgment the plaintiff appealed to this court. No undertaking on appeal was filed. Thereafter, at the instance of the said defendant, a writ of execution on said judgment for costs was issued by the clerk of the trial court, which writ was levied on property belonging to the plaintiff. A motion made by the plaintiff in said court to recall and to quash said execution was denied. Thereupon the plaintiff procured from this court its alternative and temporary writ of supersedeas to the effect that, until further order of this court, proceedings on the proposed execution of said judgment be stayed.

The precise point at issue is whether, on an appeal by a plaintiff in an action from a judgment rendered against him for costs only, execution on said judgment is automatically stayed until the appeal has been…