Russell

The complaint alleges that the defendants are indebted to the plaintiff in the sum of $873 under the terms of a certain lease executed by said plaintiff to one N. J. Waymire, and prays for judgment for that sum.

The cause was tried by the court without a jury, and judgment against the plaintiff and in favor of the defendants for costs was rendered and caused to be entered by the court.

The plaintiff appeals from said judgment, on a bill of exceptions.

Respondents first object to the consideration of this appeal upon the alleged ground that jurisdiction to do so has not been conferred because of the failure of the appellant to file an undertaking on appeal, citing sections 940 and 953 of the Code of Civil Procedure and the case of Pacific Mutual Life Ins. Co. v. Edgar, 132 Cal. 197 , [ 64 Pac. 260 ].

But since the decision in the case cited the legislature of 1907 (Stats. 1907, p. 750) has provided a new method of taking appeals to the supreme and district courts of appeal, and thereunder it is not necessary, as under the old method, in order to perfect such appeals, to file an undertaking guaranteeing the payment by the appellant of all damages and costs which may be awarded…