195 P. 739 | Cal. Ct. App. | 1920
Appellant applies for a supersedeas during the pendency of the appeal from a judgment of the superior court of Los Angeles County denying a writ of prohibition against the board of fire commissioners of the city of Los Angeles.
In an original proceeding instituted in this court for the same purpose before the appeal was taken, it was considered that sufficient cause was shown by the petition, and an alternative writ was issued. We have this day decided (ante, p. 593, [
[1] This court, in the exercise of its appellate jurisdiction, possesses the inherent power to stay proceedings on the judgment appealed from, although no statutory provision is made for such stay. (Rogers v. Superior Court,
[3] The writ of supersedeas cannot operate as an injunction against any of the parties to the action, its function being confined solely to staying proceedings for the enforcement of the judgment in the court below. (Dulin v. Pacific W. C. Co.,
Petition denied.
Finlayson, P. J., and Thomas, J., concurred.