BALLINGER v. BALLINGER (1936)

Supreme Court of California

BALLINGER v. BALLINGER *

S.F. 15665

Decided: October 01, 1936

George K. Ford and Simpson Finnell, Jr., both of San Francisco, for appellant. Frederick W. Kant and Horace T. Beverly, both of San Francisco, for respondent.

The petition for a rehearing herein is denied.

Assuming, for the purpose of argument only, that the court was in error in requiring the appellant to comply with the provisions of sections 943 and 944 of the Code of Civil Procedure as a prerequisite to the granting of an application for supersedeas, supersedeas is a discretionary writ, and it was within the province of the court to prescribe that a certain thing be done as a prerequisite to the granting of such writ. The appellant not having complied with the conditions prescribed by the court, by the doing of such thing, the court was within its province in denying the petition.

PER CURIAM.

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