Taylor

Application for a writ of supersedeas. A judgment having been entered by the superior court against the petitioners, satisfaction thereof was entered, which, upon motion, was set aside. An appeal has been taken from the order of the court setting aside said satisfaction of judgment, and in the meantime the petitioners seek by an application to this court for a writ of supersedeas to stay proceedings upon the judgment.

[1] Upon an examination of the section of the code, section 940 of the Code of Civil Procedure, under which it is claimed this application may properly be made, the court is disposed to the view that the remedy of supersedeas sought to be invoked cannot be availed of here. The section mentioned provides that the perfecting of an appeal in the manner provided by the provisions of the sections of the code stays proceedings in the court below upon the judgment or order appealed from. Now, of course, if there are any proceedings upon the specific order appealed from, those proceedings would be stayed by the operation of the section; but if there are no proceedings upon the order appealed from, then, of course, there can be no stay of proceedings accomplished by the writ…