
    [No. 7991.
    Department One.
    July 10, 1909.]
    Sound Timber Company, Respondent, v. J. F. Beard et al., Appellants.
      
    
    
      Appeal — Review—Cessation of Controversy. An order enjoining an execution sale will he affirmed on appeal where it appears that the controversy has ceased by reason of the vacation of the judgment upon which the execution was issued.
    Appeal from an injunctional order of the superior court for King county, Morris, J., entered November 23, 1908, enjoining an execution sale, at the instance of the plaintiff.
    Affirmed.
    
      W. F. Hays and James B. Reavis, for appellants.
    
      Peters & Powell, for respondent.
    
      
      Reported in. 102 Pac. 890.
    
   Gose, J.

This is a companion case to Hays v. Peavey, ante p. 78, 102 Pac. 889. An execution was issued upon the judgment referred to in that case, directed to the sheriff of Snohomish county. In obedience to the command of the execution, he had levied upon certain real estate, and had advertised it for sale. Whereupon, on the application of the respondent, he was enjoined from the making the sale. This appeal is prosecuted from the order of injunction.

In view of the fact that the judgment upon which the execution issued has been vacated, there has ceased to be a controversy in this case. The order will therefore be affirmed.

Rudkin, C. J., Fullerton, and Chadwick, JJ., concur.

Morris, J., took no part.  