Holland

This appeal is from the judgment, without a hill of exceptions, and the questions involved arise upon the face of the complaint.

The action is one against McDade, former sheriff of the city and county of San Francisco, for damages claimed to have resulted from his refusal to release certain property of plaintiff *354 from execution, and also in publishing notice of sale thereof under said execution. This execution was issued and levied under a money judgment in the case of Curry v. Holland. Holland’s motion for a new trial in that case was denied, whereupon he appealed-from the order denying the motion, and without appealing from the judgment gave a bond upon appeal in double the amount of the judgment for the purpose of staying its execution. The acts of the sheriff of which complaint is made in the present action were done aft'er this purported stay bond was filed.

The important question presented by the appeal is: May an appellant upon appeal from an order denying his motion for a new trial give a bond in double the amount of the judgment and thereby stay its execution ? If he may do so, authority for it must he found in section 942 of the Code of Civil Procedure, where it is…