In re Berlin Dye Works & Laundry Co.

C. K. Douglas brought suit against the Berlin Dye Works & Laundry Company, in the superior court of California, for injuries to his person resulting from a tort. He obtained judgment against the defendant, and the defendant appealed therefrom without giving a supersedeas bond. Thereafter an involuntary petition in bankruptcy was filed, and the defendant was declared a bankrupt. Douglas presented a claim against the bankrupt estate for allowance, based upon said judgment, while the appeal was pending. Whether the claimant's judgment is provable depends upon whether or not it is a final judgment.

Section 942 of the Code of Civil Procedure of California provides that, if the appeal he from a judgment or order directing the payment of money, such as this judgment is, it does not stay the execution of the judgment unless a bond is given for said purpose. It has been held by the Supreme Court of California that, during the time allowed *684 for an appeal, and while an appeal is pending from a judgment, it cannot be introduced in evidence, and the statute of limitations does not run against a suit thereon. Feeney v. Hinckley, 134 Cal. 467 , 66 Pac. 580 , 86 Am. St. Rep. 290 . This case…