Figel

The court below denied the motion of the plaintiff for an order directing the sale, by virtue of the provisions of section 547 of the Code of Civil Procedure, of certain personal property, which the sheriff had levied upon and seized under a writ of attachment issued in this action.

This appeal is from the order denying the application for the sale of the property.

The motion was made upon the 'affidavit by one of the attorneys for the plaintiff and upon the testimony of eleven witnesses taken and heard on behalf of the plaintiff. No part of the testimony so taken is presented in the record on this appeal.

The affidavit above mentioned states, however, that a writ of attachment was “duly and regularly issued in the above-entitled cause, ’ ’ and the same delivered to the sheriff of Santa Clara County; that, thereupon, said sheriff “duly and regularly levied said attachment upon certain goods situated in a certain warehouse . . . ; that said goods, wares and merchandise, among other things, consist of certain cement . . . and certain lime and plaster; that the said cement is in sacks in said warehouse and that said cement is perishable in this, that when said cement is kept in…