Stoddard

This is an application of petitioner Stoddard for a writ of certiorari to review and annul an order of the superior court restraining petitioner from selling certain property; and it has been submitted upon a demurrer of the respondents to the petition.

The demurrer-must be sustained. The petitipn show» these facts: One Underwood and others brought an action in the-said superior court against the petitioner here, Stoddard, as collector of the Modesto irrigation district, for a perpetual injunction restraining Stoddard from selling certain land for delinquent assessments-due said district. A temporary restraining order was granted by the court; but upon the hearing a final judgment was rendered in said action in favor of Stoddard,, defendant therein and petitioner here. The. plaintiffs in said action took an appeal from said judgment to this-court; but, after the said appeal had been taken, the court, upon plaintiffs’ motion, made an order enjoining *305 and restraining Stoddard from selling the property described in the complaint during the pendency of the appeal. It is this last order that petitioner Stoddard seeks to have reviewed and annulled in this present proceeding, upon…