Woodbury

Several actions to enforce alleged mechanics’ lien were consolidated, and judgments were rendered against the defendant, the Nevada Southern Railway Company, a corporation, for a large sum of money, to wit: one hundred and fifty-one thousand seven hundred and ten dollars and seventy-nine cents, together with attorneys’ fees, costs, etc. It appears that other large interests are, to some extent, incidentally involved in the case. On April 15, 1896, an appeal was taken to this court by the said railway company, defendant, by its attorney, A. B. Hotchkiss, who is an attorney and' couiiselor in all the courts of this state. The transcript on appeal was filed May 27, 1896. Afterward two motions were made to this court and submitted for decisions. One is a motion made by respondent to dismiss the appeal. The other is a motion purporting to be made by the appellant, the said railway company, for a substitution of attorneys. The notice of this second motion is addressed “to A. B. Hotchkiss, Esq., attorney of record for said appellant,” and is signed “ The Nevada Southern Railway Company, by M. A. Conkling, its attorney”; and in the notice Hotchkiss is informed that the said railway…

I concur. In addition to the reasons given in the opinion of Mr. Justice McFarland for denying the motions, the motion for the substitution of attorneys for the appellant should have been originally presented to the superior court. Section 946 of the Code of Civil Procedure provides that the perfecting of an appeal stays all further proceedings in the court below “upon the judgment or 'order appealed from,” or “ upon the matter embraced therein”; and also declares that “the court below may proceed upon any other matter embraced in the action, and not affected by the order appealed from”; and section 284 of the Code of Civil Procedure provides that the attorney in an action may be changed at any time “ before or after judgment. ... 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”

The appellate jurisdiction of this court can be exercised only upon the matters appealed to it, which, in the present case, is the judgment rendered by the superior court against the appellant. This judgment was for a large amount of money, and it does not appear that any undertaking was given to stay proceedings thereon. The…