Appeal—Application for Supersedeas—Title of Proceeding.—It is irregular to entitle the application for a writ of supersedeas as an independent proceeding, and to enter it upon the register of actions as a cause separate from the appeal to which it relates. The motion should have the title of the cause on appeal, and be entered on the register as a motion in the cause and under the same number.

Id.—Supersedeas—Nature of Writ—When m!ay be Issued.—The power to issue a writ of supersedeas is one of the powers incidental to a court of last resort. It exists in eases where the writ is necessary to preserve the status quo, so that the rights involved in an appeal, when determined by the appellate court, may not be lost or prejudiced by reason of the intervening execution of the judgment or order appealed from, in eases where the statute regulating a stay of proceedings on appeal makes no provisions for such stay in the particular case.

Id.—Purpose of New Method of Appeal—Avoidance of Technicalities.—Sections 941a, 941b, and 941c, of the Code of Civil Procedure, providing an alternative mode of practice for taking an appeal, evince an intent to establish a more liberal rule than formerly prevailed and to regard substance rather than form.

Id.—Notice of Appeal—Sufficiency Under New Method.—Under section 941b of the Code of Civil Procedure, the filing of a notice of appeal, stating all that is specifically mentioned in the section as parts of such notice, will constitute a valid appeal as to all the other parties to the action, if there is sufficient in the notice to identify the appellant; it' is unnecessary to name all the adverse parties as such in the notice, and the mere mention of some of them as adverse parties does not vitiate the appeal as to the others.

Id.'—Design of Section 941b of Code of Civil Procedure—Notice of Appeal.—The main design of section 941b in providing that the notice of appeal need not be served upon any of the parties, or their attorneys, but “when filed within the time herein specified it shall, without further action,” transfer the cause to the higher court for determination, is to compel the prevailing parties to look to the files to ascertain whether or not an appeal has been taken and to avoid the necessity previously imposed upon the appellant of determining which of the parties were adverse parties to him upon his proposed appeal, and of finding them and serving upon them the required notice, at the peril of losing his appeal if he made a mistake in his endeavor to do so. The expression of certain things to be stated in the notice implies that other things are not regarded as essential.

Id.—Undertaking on Appeal—Sufficiency to Stay Proceedings.—An undertaking on appeal in the sum of three hundred dollars is not sufficient to stay execution of the judgment which forecloses a trust deed for a large sum, on the theory that the judgment, from the nature of the case, directs the sale of personal as well as real property “as an entirety and in one parcel,” and a writ of supersedeas will not be granted to stay proceedings upon the judgment pending the appeal.