Hasendahl

Respondent has moved to dismiss the appeal. Plaintiff recovered a money, judgment for $4,063.22 against defendant, who thereafter filed a bond under section 942 of the Code of Civil Procedure in double the .amount of the judgment, to stay execution thereon. Subsequently the sureties on such bond became insufficient and the trial court ordered a sufficient undertaking to be filed by a date named or “the execution shall not longer be stayed in this cause and the clerk of this court is directed thereafter to issue an execution”. No bond was filed in compliance with such order, and execution issued.

Respondent now contends that as there is no undertaking to which he can look to secure payment of his costs on appeal, if any are awarded, under sections 942 and 1057 of the Code of Civil Procedure appellant has failed to furnish one of the “requisite papers” for the support of its appeal and that the same should be dismissed under section 954 of the Code of Civil Procedure.

Prior to 1921 section 940 of the Code of Civil Procedure required as one of the requisites of an appeal the filing of an undertaking on appeal, and section 941 of the same code then in effect provided that such…