Meyer

While this action is before us upon appeal, we have here only to consider the petition of the defendant and appellant for a writ of supersedeas pending appeal.

The record shows that in the above-entitled action a judgment was entered in favor of the plaintiff in the trial court for the sum of $9,500 and costs, from which judgment the defendant has appealed. Not having given any stay bond, the plaintiff took out and placed in the hands of the sheriff of Butte County an execution, under which the sheriff proceeded to levy upon certain lands described in the petition, and also proceeded to serve a garnishment upon the First National Trust and Savings Bank of Chico, purporting to levy upon all moneys, effects and credits in said bank under the control of the State Land Settlement Board, the levy and garnishment herein referred to being made upon the theory that the lands described and the moneys referred to were subject to execution. In the matter now before us it is urged by the petitioner that under the provisions of section 1058 of the Code of Civil Procedure, no undertaking to stay execution in this action is requisite, and further, that the properties referred to belong to the…