G.R. No. 2342. February 10, 1905

The appellants in this cause submit a motion for a stay of
execution, pending appeal from the judgment of the Court of First
Instance.

It appears that the trial judge ordered that execution should not
stay unless the appellants filed a bond to secure compliance with the
final judgment in the cause, and that this order was issued in
conformance with section 144 of the Code of Civil Procedure, which
rests the issuance of such orders in the discretion of the judge of the
Court of First Instance wherein the cause was tried.

This court will not interfere to modify, control, or inquire into
the exercise of this discretion, which is conferred by statute, unless
it be alleged and proven that there has been an abuse or an excess of
authority on the part of the judge in whose discretion the authority to
grant such stays has been vested, or that since the issuance of the
order conditions have so far changed as to necessitate the intervention
of the appellate court to protect the interests of the parties against
contingencies which were not contemplated by the trial judge at the
time of the issuance of the order. (Jerome vs. McCarter, 21 Wallace, 17
U. S.) No such grounds are alleged in this motion, and it is therefore
denied, with costs to the plaintiff.

Arellano, C. J., Torres, Mapa, and Johnson, JJ., concur.