Central Holding Corp. v. Superior Court

The action out of which this proceeding arose was one in w7hich the Neale Rainbow Light Corporation was plaintiff and the petitioners were defendants. The plaintiff in that action recovered a judgment as against defendants and petitioners. Petitioners then made a motion for a new trial, which was denied and they then filed a notice of appeal, request for transcript under the provisions of section 953a of the Code of Civil Procedure and an undertaking in more than double the amount of the judgment. This undertaking upon appeal was executed by two corporations, who at the time of the execution of the undertaking were authorized to become sureties upon such undertakings in the state of California and had complied with all statutory requirements on that subject. The plaintiff in the action thereupon filed and served its exceptions to the sufficiency of the undertaking as executed by the corporations and demanded that they qualify. Thereafter, and at the time and place designated for them to appear and qualify, the two sureties duly appeared and justified upon said undertaking by filing in said court all of the documents designated by section 1057a of the Code of Civil Procedure to be…