Court has granted an application by Mrs. Freda Zimmerman for the declaration of provisional execution the judgment given by the Second Special District Court of Shanghai on February 9, 1030, and has given its reasons as follows:
According to Art, 453, section 2 of the Code of Civil Procedure, the court of second instance, finding that the appellant lodged appeal with the Intention to delay the case, has to declare provisional execution of the judgment of the court of first instance on application of the appellee.
In the case between the applicant, Freda Zimmerman, and Morris Zimmerman, claiming surrender of property administration and counter-launing separate property regime, Morris Zimmerman lodged appeal against the judgment of the court of first instance on 28th February 1996 but without paying the costs of trial of the court fof second instance, nor had he stated the necessary matters in accordance with the clauses of Art, 438 of the Code of Civil Procedure although more than one month had elapsed. On 4th April, the presiding Judge of this court by ruling ordered him to do within 14 days after service of the written ruling. In spite of this order, falled to do so, and he applied for
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