Page v. Ellis

California Supreme Court

Page v. Ellis

9 Cal. 248

DecidedJuly 1, 1858

StatusPublished

This text of 9 Cal. 248 (Page v. Ellis) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Page v. Ellis, 9 Cal. 248 (Cal. 1858).

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Opinion

Terry, C. J., delivered the opinion of the Court—Burnett, J., and Field, J., concurring.

The undertaking sued on was executed under the provisions of the three hundred and forty-eighth section of the Practice Act, and did not operate to stay execution on the judgment of the Court below; its object was simply to secure the payment of such damages and costs as should be awarded in the Appellate Court, and as the complaint shows that the damages awarded are less than two hundred dollars, the District Court had no jurisdiction.

Judgment reversed.

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Terry, C. J., delivered the opinion of the Court—Burnett, J., and Field, J., concurring.

The undertaking sued on was executed under the provisions of the three hundred and forty-eighth section of the Practice Act, and did not operate to stay execution on the judgment of the Court below; its object was simply to secure the payment of such damages and costs as should be awarded in the Appellate Court, and as the complaint shows that the damages awarded are less than two hundred dollars, the District Court had no jurisdiction.

Judgment reversed.

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Bluebook (online)

9 Cal. 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/page-v-ellis-cal-1858.