CANON 36

Summary. If a judge from whose interlocutory sentence an appeal has been taken does not execute it, he can proceed with the principal cause.

Text. When an ordinary or delegated judge has pronounced a interlocutory sentence, the execution of which would be oppressive to to one of the litigants, but following prudent counsel from carrying into effect this threat or interlocutory sentence. He can proceed with the principal cause, even if an appeal been taken from such a threat or interlocutory sentence (provided he be not suspected from another legitimate source), so that the progress of the case may not be delayed by trifling circumstances.