Rosenholz

This is a petition for a writ of restitution, restoring to petitioner the possession of certain real property, and preserving his statutory right to a stay of execution pending an appeal from the judgment of the superior court of the city and county of San Francisco. It is made to appear by the petition that an interlocutory judgment and decree awarding to plaintiff the property in question was duly made and given; that he appealed from this judgment and repeatedly sought the court to fix the amount of a bond to stay the execution of the judgment pending the appeal; that the trial court failed to do this, while maintaining the stains quo by its order staying execution of the judgment. The last application to the court to fix the stay-bond upon appeal, it is alleged, was made upon January 5th. Upon January 6th, in the absence of defendant’s attorney, upon application of plaintiff’s at torney, the order staying execution was vacated, and a writ of possession ordered issued by the judge. Upon acquiring knowledge of this, and before the execution of the writ by the sheriff, defendant’s attorney secured another stay of execution for two days, and likewise an order fixing the amount of…