Colburn

The grounds of the motion as stated in the notice thereof are the insufficiency of the notice of appeal and the fact that appellant failed to file an “adequate bond on appeal” within five days after service of notice thereof. At the hearing of the motion this last ground was not specified as a ground for dismissal; on the contrary, respondent’s counsel expressly stated that “there is but one point, and that is the question of the sufficiency of the notice of appeal. ’ ’

The giving of the undertaking on appeal prescribed in section 940 of the Code of Civil Procedure, may be waived, and respondent’s statement in open court in connection with the fact that in making the motion the failure to give the undertaking was not specified as ground for dismissal, renders it unnecessary to consider the same.

There are two methods of taking an appeal (Mitchell v. California etc. Steamship Co., 154 Cal. 731 , [ 99 Pac. 202 ]) : One as prescribed in section 940 of the Code of Civil Procedure the other as prescribed in section 941b. The appeal under consideration was had and taken from the judgment and an order denying appellant’s motion for a new trial made upon a bill of exceptions duly…