California Supreme Court, 1858

Buckholder v. Byers

California Supreme Court · Decided July 1, 1858 · Field

10 Cal. 481

Cases that cite this one

4 later published cases cite this decision.

Little v. Jacks (Cal. 1886)
American Surety Co. of New York v. Superior Court (Cal. 1933)
Hewes v. Carville Manufacturing Co. (Cal. 1881)
Dooling v. Moore (Cal. 1861)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Field, J., delivered the opinion of the Court

Terry, C. J., and Baldwin, J., concurring.

The motion must be granted. Until an appeal is taken, there is nothing to give effect to the undertaking. If an appeal could be rendered effectual by an undertaking filed one month pre*482viously, it might be by an undertaking filed at any time previously within a year. And the undertaking, if of sufficient amount, must operate, if at all, to stay proceedings, and it would thus often happen that a stay would be obtained for the entire period during which an appeal is allowed, and no appeal in fact be ever taken.

The filing of the notice of appeal must precede the filing of the undertaking.

Appeal dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.