CASTERA v. GABELLIERI (1935)

District Court of Appeal, Second District, Division 1, California.

CASTERA v. GABELLIERI et al.

Civ. 10538.

Decided: August 09, 1935

Ernest M. Torchia and W. A. Martin, both of Los Angeles, for appellants.

This petition of a judgment debtor and of a third party claimant, for writ of supersedeas to stay proceedings on execution issued for enforcement of plaintiff's judgment against the judgment debtors, is denied. The judgments or orders from which petitioners have appealed are not the judgment on which execution has been issued. The statute contemplates that third party claimant, who desires to release property from levy, shall give security therefor. Code Civ Proc., § 710; Mazuran v. Finn, 53 Cal. App. 656, 200 P. 769.

PER CURIAM.

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