Majority
p. 517CHASE v. RIES et als
Headnote
Where, in an action on an appeal-bond, conditioned to pay the judgment appealed from if the same should be affirmed by the Appellate Court, it appeared that the judgment appealed from was reversed, with directions to enter a different judgment: Held, that the conditions of such bond were not broken, and that no action would lie thereon.Appeal from the District Court of the Fourteenth Judicial District, County of Sierra.
Vanclief and Stewart for Appellants.
R. H. Taylor for Respondent.
Baldwin, J., and Field, J., concurring.
This is an action on an appeaj-bond, executed by defendants, conditioned to pay the judgment appealed from, if the same should be affirmed by the Appellate Court.
it appears, from the record, that the judgment appealed from was reversed, with directions to the Court below to enter a dif
p. 518
ferent judgment, consequently no liability attached to defendants under the conditions of the bond.
Judgment affirmed.