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" The adverse party may except to the sufficiency of the sureties within five days after the filing of the undertaking, and unless they or other sureties justify before the justice or... "
Reports of Cases Determined in the Courts of Appeal of the State of California - Page 47
1916
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...court below, or a county judge, as prescribed by sections 691 and 692, within ten days thereafter, the appeal must be regarded as if no such undertaking had been given. The justification must be upon a notice of not less than five days. Amended Code, § 341. § 1183. In the...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 774 pages
...five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal must be regarded as if no such undertaking had been given. Stat. 1S60, 305, was substantially the same, inserting between "court therein " and " a deposit," the...
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The Code of Civil Procedure of the State of California, Volume 1

California - 1872 - 892 pages
...five days thereafter, upon notice to the adverse party, to the amounts stated iu their affidavits, the appeal must be regarded as if no such undertaking had been given. NOTE. — When the appeal bond is presented, the Justice must act promptly; if he receives the bond...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - 1876 - 986 pages
...five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal must be regarded as if no such undertaking had been given. 10.979. On filing undertaking, execution must be stayed. SEC. 979. If an execution be issued, on the...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1881 - 588 pages
...five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal must be regarded as if no such undertaking had been given. ceedings on the same. Such officers must, upon pavment of his tees for services rendered on the execution,...
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The Pacific Reporter, Volume 154

1916 - 1232 pages
...bond with new sureties, and In so doIng, says the court — "he gave no notice as required by the Inst clause of section 978 of the Code of Civil Procedure....the case, 'the appeal must be regarded as if no such undertakine had been given. The statute is peremptory. Without the justification of the sureties named...
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The Pacific Reporter, Volume 109

1910 - 1150 pages
...five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal must be regarded as if no such undertaking had been given." The requirement of the first sen•For other cases see ваше topic and section NUMBER in Dec. & Am....
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The Pacific Reporter, Volume 63

1901 - 1164 pages
...within five days thereafter, upon notice to the adverse party to the amount stated in their atlidavit, the appeal must be regarded as if no such undertaking had been given." Thereafter, and on February 17, 1900, the appellant filed a new undertaking, iu words and ligures as...
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The Pacific Reporter, Volume 27

1892 - 1156 pages
...exception has been taken to their sufficiency the sureties justify within five days thereafter, "tlie appeal must be regarded as if no such undertaking had been given, "is to be construed, not as having the effect, ipso facto, со vacate the appeal already completed,...
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The Pacific Reporter, Volume 7

1885 - 940 pages
...sureties. In so doing he gave no notice, as required by the last clause of section 978, Code Civil Proc. Such being the case, "the appeal must be regarded...the appeal was not perfected, and the superior court has no jurisdiction of the case. The motion to dismiss the appeal should have been granted. The proceedings...
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