59 P. 696 | Cal. | 1899
The action is by the assignee of the judgment to recover on the undertakings given on appeal and given to stay proceedings. A judgment was rendered in the justice's *327 court in favor of Morgenson, plaintiff, against Grabow, defendant. An appeal was taken, and the undertakings here sued upon were given to support it. Before determination of the appeal Morgenson assigned his judgment to P.O. Chilstrom, plaintiff in this action. He made no assignment of his rights upon the undertakings. After the assignment of the judgment the appeal was dismissed, and Chilstrom instituted this action in which he recovered judgment, from which defendants appeal.
In Moses v. Thorne,
The judgment is therefore reversed and the cause remanded.
McFarland, J., and Temple, J., concurred.