Peebler

This is an application for the writ of supersedeas to stay execution on a money judgment against the defendants. On the filing of the petition an order to show cause was issued accompanied by a stay pending the determination of the application. As a return the plaintiffs have filed a general demurrer and an answer.

The facts material to the controversy are not in dispute and reveal the following: On June 28, 1943, the plaintiffs commenced an action for equitable relief and for damages, alleging that the defendant Edith W. Danziger should be enjoined from going on the real property involved in the action except for the purpose of removing a building; that the defendants should be enjoined from using a business name similar to that used by the plaintiffs, and that the defendants should be enjoined from interfering with the plaintiffs in the use of a well in controversy. By amended pleadings damages were sought. Findings of fact and conclusions of law were filed and judgment was entered in accordance therewith, including a judgment for damages. A motion for a new trial was denied and a notice of appeal filed. On May 26, 1944, the appealing defendants filed an undertaking in the sum…