McMillan v. Hayward
84 Cal. 85 ·
Supreme Court of California · Filed
Published · citable
Holding
The court held that a stay of execution on a judgment for the sale of mortgaged premises could not be granted to any appellant, including those not in physical possession, without first posting an undertaking as required by section 945 of the Code of Civil Procedure, which includes provisions against waste and for payment of the value of use and occupation.
Statutes construed
- CCP ยง 945