过期罐头电脑论坛

 找回密码
 注册

QQ登录

只需一步,快速开始

搜索
查看: 6952|回复: 0
收起左侧

[其它] following: 1 If the judgment or decree

[复制链接]
devilmaycry 2012-3-8 23:07:26 | 显示全部楼层
|

  following: 1 If the judgment or decree
following: 1 If the judgment or decree

;pealed from be for the recovery of vmor of personal property, or the value tb? of, that if the same or any part therefaffirmed, the appellant will satisfy it ? lias affirmed.So far then as Hf actual detention of the defendant Is Codch!ed, the execution of the order of imprissment was stayed by the service and filial ithe notice of appeal and undertaking is At contempt proceedings, for such an undent ing is operative from the date of its fifc Anderson v. Phegley, 54 Or. 102, 102 P?t 603. This of Itself would discharge the p oner until the contempt proceeding could h heard in this court on appeal. The re?r. however, discloses farther back another superable objection to the imprisonmea t'the defendant In addition to the instaia already quoted from section 551, prescrits additional conditions to be inserted in ac c dertaklng to work out a stay of prowtiii-' that section has subdivisions 2 and 3, the a relating to a judgment or decree respects! the recovery of possession, or yartitioa 4real property, or the foreclosure of ? thereon, and the other concerning a deff requiring the transfer or delivery of perss! property. A fourth subdivision applies a' decree for the foreclosure of a lieu, and tains this further condition: When the cree appealed from requires the execute ta conveyance or other instrument, execfiof the decree is not stayed by the apf unless the instrument is executed andposited with the clerk within the time^' ed to file the undertaking, to abide UAlthough forms of actions and suits as prescribed at common law have been abolished, ret the distinction is carefully preuggs usa        served in this state between actions at law, suits in equity, and what are known to ourugg usa Code as special proceedings. A judgment is defined to be 'lie final determination of the rights of the parties in the action. Section 179, Lugg usa outlet. O. L. I'nder the equity procedure, the final deermination of the rights of the parties there:o is called a decreesection 409, L O. Lugg outlet usa.; while the final determination of he rights of the parties in a special proceedug, among which are the writ of mandamus, he writ of habeas corpus, and the punishnent of contempt, Is denominated a judgnent. Section 601, L. O. L. With these listinctions between judgments and decrees n mind It is manifest that the decision of he court In the mandamus proceeding was lot a decree within the meaning of that part if subdivision 4 of section 551, L. O. L., suira, which has been quoted. The detenninaion of the mandamus litigation which reuired the defendant to execute the contract uentioned and approve the bond given in onnection therewith was a judgment, and is ot governed by the excerpt from subdlviion 4 of section 551 just mentioned, as that pplies only to decrees in equity. It Is proided in section 552, L. O. L., that In cases ot provided for In the subdivisions of secion 551, when an appeal is perfected with uundertaking for the appeal only, proceedlgs shall be stayed as If the further unertaking thereof had been given.[3 The deduction is plain that, when the sfendaut in the mandamus proceeding served ud filed his notice of appeal with an underiking conditioned to pay all damages, costs, augg outlet usa        d disbursements which' might be awarded ?ainst him on the appeal, it operated to susjnd further proceedings by the circuit court i the mandamus action. Hence, when called pon to show cause on June 2, 1913, why he lould not be punished for contempt, the dendant was able to and did exhibit to the iurt a situation in which the authority to iforce obedience to the peremptory writ of iiiidninus by contempt procedure had been ispended by the stay of proceedings which suited by operation of law from the filingthe notice of appeal and undertaking. Alough the law says in such cases that the iforcement of the peremptory writ must be spended until the merits of the controversy n be determined on appeal, the circuit urt pushed its determination to the bitter d of punishment, and in so doing exceeded t jurisdiction within the meaning of subdision 1 of section 642, L. O. L., supra.




您需要登录后才可以回帖 登录 | 注册

本版积分规则

一键重装系统|雨人系统下载|联系我们|网站地图|过期罐头电脑论坛

GMT+8, 2024-3-28 20:44 , Processed in 0.033505 second(s), 25 queries .

官方免责声明:本站内容来自网友和互联网.若侵犯到您的版权.请致信联系,我们将第一时间删除相关内容!

Powered by Discuz!

专注于win7_win10_win11系统下载装机

© 2010-2023 GQGTPC.Com

快速回复 返回顶部 返回列表