Gordan

This is an application for a writ of mandate.

On February 14, 1908, in an action for partition, entitled Rosa. Bloom v. Pauline Gordan, the superior court made an order denying the petitioner’s motion to vacate an order for a writ of assistance theretofore issued therein, directing the sheriff to remove petitioner from the premises involved in the suit and place one Fannie Abrahamson in possession thereof. Desiring to appeal from this order and to obtain a stay of proceedings on the writ pending the appeal, the petitioner applied to the respondent to fix the amount of the undertaking necessary to stay such proceedings. This the respondent refused, and petitioner asks a mandate to compel respondent to proceed to fix the amount of the proposed undertaking.

An interlocutory decree of partition directing the sale of the property by the referees was filed in Bloom v. Gordan on January 9, 1906, and it became final on March 10, 1906, if not before. (Bloom v. Gordan, 150 Cal. 763 , [ 90 Pac. 115 ].)

The sale was made by the referees to Fannie Abrahamson, in pursuance of the decree, and, after due notice, it was confirmed by an order made on January 15, 1908, and entered on February 3,…