Messenkop
Messenkop v. Duffield
Opinion
Lead Opinion
Petition for writ of supersedeas. Upon an appeal from a judgment of the Superior Court of Los Angeles County decreeing plaintiff, Louis H. Messenkop, to be the owner and entitled to the possession of real property in the city of Los Angeles, and also awarding plaintiff a money judgment for $1140, defendant and cross-complainant, Kathleen Duffield, filed an undertaking in the sum fixed by the court, to wit, $7,000, with five personal sureties. Said plaintiff, Messenkop, and cross-defendant, William L. Milne, excepted to the sufficiency of the sureties. The sureties were found insufficient and the undertaking rejected by a court commissioner on June 5, 1930. Defendant, on June 7, 1930, filed her petition for a writ of supersedeas in this court, praying that the execution of the judgment be stayed pending the hearing on the application for supersedeas, and that after hearing held a writ of supersedeas issue upon the filing of an undertaking in an amount fixed by this court. Petitioner alleged that said commissioner improperly rejected the sureties, and that the property owned by them was shown far to exceed the amount of the undertaking. On June 16, 1930, this court entered its order…