Livermore

September 12th, 1877, plaintiff recovered judgment against defendants Hodgkins, Mills Jr., Howlett, and Griffiths, for the possession of certain lands, and for $500 rents and profits, $200 damages, and for costs. A writ of possession and execution was *638 issued, which was afterward returned executed as to the possession, and nothing made as to the rents, profits, damages, and costs. December 4th, 1878, an execution was issued for $720.80, the $20.80 being the costs. The execution was levied on real estate, which was advertised to be sold on the 30th of December, 1878. On the 20th of December, 1878, on the affidavits of Hewlett, Colby, (one of the attorneys for defendants). and of the Clerk, the District Judge of Kern County made an ex parte order, without notice, that the Clerk recall the execution, and that the Sheriff refrain from selling the property advertised. On the 26th the Sheriff, under that order, returned the execution. January 9th, 1879, plaintiff gave notice of motion to vacate the order of December 20th, 1878, recalling the execution and staying the sale. January 24th, 1879, the said District Judge, without notice, made a further order, reciting that Howlett, one…