Madera

Application for writ of supersedeas. The plaintiff brought this action to obtain a judgment of condemnation for a highway of a certain strip of land belonging to the appellant. The cause was tried by the court, and on March 11, 1902, it rendered judgment, which was entered the next day, that said strip of land be condemned for the use and purpose of a highway, and that the defendant recover from the plaintiff a certain amount of money for the value of the land and for damages. Thereafter, May 23, 1902, the court entered its final judgment of condemnation, reciting therein that the said amount of money had been deposited by the plaintiff with the clerk of the court, in compliance with its previous order. July 19, 1902, the defendant appealed from each of these judgments, giving an undertaking in the sum of three hundred dollars upon each appeal. October 6, 1902, the appellant made the present application for a writ of supersedeas, “to be directed to the respondent,” staying all proceedings upon the said judgments, and suspending the operation and enforcement thereof until the final determination of the appeals.

In the affidavits presented on behalf of the appellant at the hearing…