SECTIONS 1109-1110b - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1109-1110b

1109. Except as otherwise provided in this Title, the provisions of
Part II of the Code are applicable to and constitute the rules of
practice in the proceedings mentioned in this Title.

1110. The provisions of Part II of this Code relative to new trials
and appeals, except in so far as they are inconsistent with the
provisions of this Title, apply to the proceedings mentioned in this
Title.

1110a. If an appeal be taken from an order or judgment directing
the issuance of a writ of mandate commanding a party to deliver
water, for irrigation purposes, such appeal shall not stay the
operation of the order, judgment or writ as to the delivery of such
water, but such water must until the final determination of said
appeal be delivered as commanded by said writ; provided, that if any
expense is necessary to be incurred by the defendant in connecting
the water supply with the land to be irrigated, said defendant shall
not be obliged to furnish water unless the plaintiff shall provide a
bond in such sum as the court may fix, conditioned that in the event
of the judgment being reversed, plaintiff will pay defendant the
amount of the expense so incurred not exceeding the amount of said
bond.

1110b. If an appeal be taken from an order or judgment granting a
writ of mandate the court granting the writ, or the appellate court,
may direct that the appeal shall not operate as a stay of execution
if it is satisfied upon the showing made by the petitioner that he
will suffer irreparable damage in his business or profession if the
execution is stayed.