Painter

This is an original application for a writ staying proceedings in the court below upon a judgment during the pendency of an appeal therefrom to this court. The appellant has given the ordinary undertaking on appeal from the judgment required by section 941 of the Code of Civil Procedure.

The application must be granted. It would have been entirely proper under the pleadings in the action to have entered a judgment in favor of plaintiffs for the amount found to be due them upon the accounting, and upon such a judgment the plaintiffs would have been entitled to an execution against all property of the defendant, as upon an ordinary judgment for the recovery of money; but the judgment actually given seems to be of a different character. After reciting the amount due from the defendant, Thomas P. Painter, to the partnership of which he and Jerome B. Painter, now deceased, and represented in this action by plaintiffs as his executors, were members, the court in the decree appealed from proceeded to adjudge that plaintiffs “are entitled to and shall have and receive from said Theodore P. Painter, defendant (in accordance with the terms and provisions of this judgment and decree),…