Patterson

This is an appeal from an order made in the superior court of the state of California for the county of Monterey, taxing the appellant’s costs, after judgment in the action that he and the other defendants recover their costs and disbursements incurred in the action.

Respondent objects to a consideration of the appeal upon its merits, first, because it does not appear by the certificate of the clerk of said superior court to the transcript that any undertaking on appeal has been given, or that the same has been waived by stipulation as required by section 953 of the Code of Civil Procedure; and second, that the transcript contains no bill of exceptions, and the papers contained, therein are not authenticated in any way as the papers used on the motion in the trial court, as provided for by rule XXIX of the supreme court. [ 177 Cal. lvii , 176 Pac. xii .]

The appellant sets out in the transcript a copy of the notice of appeal and the order, the memorandum of costs, judgment, notice of motion to tax costs, and certain other papers and records in the case, to which a certificate of the clerk is appended that they are full, true, and correct copies of the originals on file and of…