Chuck

This was an action to recover the possession of certain real estate in the city of San Francisco under the landlord and tenant act, and for the recovery of treble rents for its detention. Trial was had, and judgment rendered in favor of the plaintiff, and a writ of possession was duly issued and placed in the hands of the sheriff. The writ was partially executed when application was made by the defendant, asking that the judge of the court direct that proceedings be stayed on his filing the necessary undertaking. The order was made and a bond was given, but the sheriff declined to stay proceedings or to return the property that had been taken into possession by him to the defendant. The defendant then made application to the court for a rule *224 upon the sheriff to show cause why further proceedings should not be stayed and the property returned and restored to the defendant. The order to show cause was duly issued, and after a hearing, the court below discharged the rule and declined to restore the defendant to possession. This appeal is from the last-named order, discharging the rule to show cause, and refusing to order the sheriff to restore the property to the defendant.

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