Johnston

Plaintiff brought this action for a writ of mandamus to compel the defendant “to dismiss the attachments and garnishments’ ’ issued and levied in an action against plaintiff for the recovery of money. The defendant Sheriff executed the writ of attachment in that action “by garnisheeing money” which this plaintiff had on deposit in a certain bank “and also levied said writ of attachment upon real property” belonging to her. Judgment was thereafter entered in said action against this plaintiff as prayed for in the complaint therein. Plaintiff herein appealed from the judgment and filed a good and sufficient undertaking, approved by the judge of the trial court, staying execution pending appeal, and the appeal is still pending. This plaintiff, after the filing and approval of such undertaking, requested the defendant “to release the attachments and garnishments . . . issued in said matter,” but the defendant refused. The trial court entered judgment herein in favor of the plaintiff and issued a peremptory writ of mandamus requiring the defendant to release such “attachments or garnishments.” The defendant has appealed on the judgment-roll alone.

Section 671 of the Code of Civil…