Scott

Supersedeas. Briefly stated, the facts appear to be that in an action brought in the municipal court plaintiff recovered judgment against defendant for the sum of $514.85. Defendant appealed to the superior court, where a judgment was rendered in affirmance of the judgment theretofore rendered in the municipal court. The papers and files in the action were thereupon returned to the municipal court and execution issued therein on its judgment, which execution was returned unsatisfied. Thereafter defendant appealed to the district court of appeal from the judgment of affirmance rendered in the superior court and duly filed the required undertakings on appeal, including stay bond, and for costs; after which plaintiff caused a second execution on the judgment to issue out of the municipal court, by virtue of which certain property of defendant was levied upon.

The prayer of the petition presented herein in effect is that the said levy be quashed and that pending the decision of the appeal to this court the judges and officers of the municipal court be required to desist from the enforcement of said judgment.

The petition sets forth the judgment which was entered in the superior…