Porter

Porter v. Superior Court

Good Law
1926 Cal. App. LEXIS 349·78 Cal. App. 790·248 P. 1077
Court of Appeal of CaliforniaJuly 23, 1926Docket No. 5379.California1,081 words

Opinion

Lead Opinion

Works, J.

Petitioner in this proceeding commenced in respondent court a certain action in which, in addition to a prayer for other relief, he asked for a temporary injunction. Upon the filing of the complaint an order to show cause was issued, and thereafter, upon notice and after a hearing at which all parties to the action were present, the injunction was ordered on the giving of an undertaking in the sum of twenty thousand dollar's. The undertaking was given, was approved by respondent court and the injunction issued. Thereafter the cause proceeded to judgment against the plaintiff, petitioner here, but it was by respondent court adjudged “that the temporary injunction heretofore ordered by this Court ... be and remain in full force and effect pending ' the appeal from this judgment and a final determination of said appeal." After the filing of findings and judgment in ('the action, and after the plaintiff had perfected an appeal \ from the judgment, which appeal is still pending, the defendants gave notice of motion for an order requiring the plaintiff, petitioner here, “to execute and furnish an undertaking in the penal sum of fifty thousand dollars as a condition for the keeping in…

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