« ΠροηγούμενηΣυνέχεια »
$ 275. An appeal must be made by the service of a notice in writing, on the adverse party, and on the clerk, with whom the judgment order appealed from is entered, stating the appeal from the same or some specified part thereof.
$ 276. Upon the appeal, allowed by the second and third chapters of this title, being perfected, the clerk with whom the notice of appeal is filed, shall, at the expense of the appellant, forthwith transmit to the appellate court a certified copy of the notice of appeal and of the judgment roll.
$ 277. Upon an appeal from a judgment, the court may review
any intermediate order, involving the merits, and necessarily affecting the judgment.
$278. Upon an appeal from a judgment or order, the appellate court may reverse, affirm or modify the judgment or order appealed from, in the respect mentioned in the notice of appeal, and may, if necessary or proper, order a new trial.
$ 279. The appeal allowed by the second and third chapters of this title, must be taken within two years after the judgment.
$ 280. The appeal allowed by the fourth chapter of this title, must be taken, within ten days, after written notice of the judgment or order shall have been given to the party appealing.
§ 281. The appellant shall furnish the court with copies of the notice of appeal and order or judgment roll. If he fail to do so, the appeal shall be dismissed, unless the court shall otherwise order.
APPEALS TO THE COURT OF APPEALS.
SECTION 282. Appeal in what cases taken.
283. Security must be given to pay costs and damages.
282. An appeal may be taken to the court of appeals, in the cases mentioned in section 11.
8 283. To render an appeal effectual for any purpose, a written undertaking must be executed, on the part of the appellant, by at least two sureties, to the effect, that the appellant will pay all costs and damages, which may be awarded against him on the appeal, not exceeding two hundred and fifty dollars ; or that sum must be deposited with the clerk, with whom the judgment or order was entered, to abide the event of the appeal.
This section and those following relating to securities on appeals, are taken substantially from the Revised Statutes, with such modifications, however, both in language and effect, as to make them conformable to our general plan. 2. R. S. 605-8.
§ 284. If the appeal be from a judgment directing the payment of money, it shall not stay the exccution of the judgment, unless a written undertaking be executed on the part of the appellant, by at least two sureties, to the effect, that if the judgment appealed from, or any part thereof, be affirmed, the appellant will pay the amount directed to be paid by the judgment, or the part of such amount as to which the judgment shall be affirmed, if it be affirmed only in part, and all damages which shall be awarded against the appellant, upon the appeal.
§ 285. If the judgment appealed from, direct the assignment or delivery of documents, or personal property, the execution of the judgment shall not be stayed by appcal, unless the things required to be assigned or delivered, be brought into court, or placed in the custody of such officer or receiver as the court shall appoint, or unless an undertaking be entered into, on the part of the appellant, by at least two sureties, and in such amount as the court shall direct, to the effect that the appellant will obey the order of the appellate court, upon the appeal.
§ 286. If the judgment appealed from, direct the execution of a conveyance or other instrument, the execution of the judgment shall not be stayed by the appeal, until the instrument shall have been executed and deposited with the clerk with who:n the judgment is entered, to abide the judgment of the appellate court.
§ 287. If the judgment appealed from, direct the sale or delivery of possession of real property. the execution of the same shall not be stayed, unless a written undertaking be executcd on the part of the appellant, with two sureties, to the eff:ct that during the possession of such property by the appellant, he will not commit, or suffer to be committed, any waste thereon, and that if the judgment be affirmed, he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof, pursuant to the judgment, not exceeding a sum to be fixed by a judge of the court by which judgment was rendered, and which shall be specified in the undertaking. When the judgment is for the sale of mortgaged premises, and the payment of a deficiency arising upon the sale, the undertaking shall also provide for the payment of such deficiency.
§ 288. Whenever an appeal shall be perfected, as provided by sections 284, 285, 286 and 287, it shall stay all further proceedings in the court below, upon the judgment appealed from, or upon the matter embraced therein; but the court below may proceed, upon any other matter included in the action, and not affected by the judgment appealed from.
§ 289. The undertakings prescribed by sections 283, 284, 285, and 287, may be in one instrument or several, at the option of the appellant.
$ 290. An undertaking upon an appeal shall be of no effect, unless it be approved in tlie first instance by a judge of the court below. The respondent may, however, except to the sufficiency of the sureties, within ten days after notice of the appeal; and unless they or other sureties justify, before a judge of the court below or a county judge, as prescribed by sections 170 and 171, within ten days thereafter, the appeal shall be regarded as if no undertaking had been given. The justification shall be upon a notice of not less than five days.
§ 291. In the cases not provided for in sections 284, 285, 286, 287 and 288, the perfecting of an appeal, by giving the undertaking mentioned in section 283, shall stay proceedings in the court below, upon the judgment appealed from, except, that where it directs the sale of perishable property, the court below may order the property to be sold, and the proceeds thereof to be deposited or invested, to abide the judgment of the appellate court.
§ 292. The undertaking must be filed with the clerk, with whom the judgment or order appealed from was entered.