Oliver

The plaintiff, having recovered a judgment in the court below, appeals from an order denying its motion to dismiss the defendant’s motion for a new trial. At the outset it may b'e said briefly, that the respondent’s contention that the court is without jurisdiction of the appeal because the appellant failed to file a bond for costs on appeal is without merit. The “new and alternative method” of taking appeals, provided by section 941b of the Code of Civil Procedure, enacted in 1907, dispenses with the necessity of an undertaking (Mitchell v. California etc. Co., 154 Cal. 731 , [ 99 Pac. 202 ]; Estate of McPhee, 154 Cal. 385 , [ 97 Pac. 878 ]). The fact that a bill of exceptions was prepared, in place of the reporter’s transcript authorized by section 953a, has no bearing upon this question. The latter section has to do with the preparation of a record on appeal. An appeal having been properly taken, in compliance with either the old or the alternative method, the record may be made up in any way permitted by the Code. (Lang v. Lilley & Thurston Co., 161 Cal. 295 , [ 119 Pac. 100 ].)

It appears that the verdict on which plaintiff’s judgment is based was returned on September 7,…