Whenever an appeal has been perfected and the proper undertaking given or other act done as prescribed by this chapter to stay the execution or performance of the judgment or order appealed from, all further proceedings thereon must be thereby stayed accordingly, except that the court below may proceed upon any other matter included in the action not affected by the judgment or order appealed from and may order perishable property held under the judgment or order appealed from to be sold and the proceeds paid into the court to abide the event.
N.D.C.C. § 28-27-24