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BALESTRIERI v. SULLIVAN

Docket No. 16594.

138 Cal.App.2d 559 (1956)

292 P.2d 310

SALVATORE BALESTRIERI et al., Respondents, v. M.S. SULLIVAN et al., Appellants. WILLIAM J. SULLIVAN, Appellant, v. SALVATORE BALESTRIERI et al., Respondents.

Court of Appeals of California, First District, Division Two.

January 19, 1956.

Attorney(s) appearing for the Case

Phil F. Garvey and Julia M. Easley for Appellants.

Jackson, Barbarotto & Lank for Respondents.

KAUFMAN, J.

This is an appeal from an order of the trial court made after judgment, under the provisions of section 949, Code of Civil Procedure, requiring appellants to furnish an undertaking in the sum of $5,000 to stay the enforcement of a mandatory injunction to remove a fence. Respondents' notice of motion stated that it was made "pursuant to the discretion given said court for such purpose by Section 949 of the Code of Civil Procedure ... and upon the ground...

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