Mersfelder

This is a motion to dismiss an appeal based upon the following amendment to section 954 of the Code of Civil Procedure, approved March 16, 1895, (Stats, of 1895, p. 59): “When it is made to appear to the satisfaction of the court, or a judge thereof, from which the appeal was taken, that a surety or sureties upon an appeal bond from any cause has or have become insufficient, and the bond or undertaking inadequate as security for the payment of the judgment appealed from, the last-named court, or a judge thereof, may order the giving of a new bond with sufficient sureties, as a condition to the maintenance of the appeal. The said bond or undertaking shall be approved by the last-named court, or a judge thereof; and in case said sureties fail to justify before said last-named court, or a judge thereof, or fail to comply with the order to appear and justify, execution may issue upon the judgment as if no undertaking to stay execution had been given.”

It appears from the papers upon which the motion was submitted that the notice of appeal herein was served in November, 1900, and that an undertaking in due form was properly filed. Thereafter the following order was made by the…