Mohn

This is an application by petition made upon notice for a peremptory writ of mandate commanding respondent, the superior court of San Diego County, to make an order directing the clerk thereof to issue a writ of execution upon a judgment for $100,000 rendered by said court on March 17, 1921, in favor of petitioner and against Katherine Tingley, from which judgment the latter has appealed.

Por the purpose of staying execution of the judgment, Katherine Tingley, defendant in the action, executed an undertaking in the sum of $200,000, upon .which the sureties thereon qualified as follows:

Upon the justification so had, the court held the undertaking sufficient to stay execution upon the judgment, and denied the petitioner’s motion for an order requiring the clerk to issue an execution thereon.

Section 942 of the Code of Civil Procedure provides that in order to stay a money judgment from which an appeal is taken, a written undertaking must be executed on the part of the appellant by two or more sureties in double the amount named in the judgment. By section 1057 of the Code of Civil Procedure the sureties are required to accompany the undertaking with an affidavit to the effect…