Hill

The appellant filed in the Court below undertakings in form complying with, and executed as required by, §§ 941 and 942 of the Code of Civil Procedure; respondent excepted to the sufficiency of the sureties, and neither they nor other sureties justified. Appellant asks leave to file sufficient undertakings in this Court.

1st. The undertaking on appeal—the filing of which, by § 940 of the Code of Civil Procedure, is necessary to render the appeal effectual for any purpose—is the $300 undertaking mentioned in § 941. This is made manifest by reading the several sections in their order; and it was, in effect, so held in Schact v. Odell, 52 Cal. 449 , and Hill v. Finnigan, 54 Id. 311. There is nothing in § 942, or elsewhere in the Code, which prohibits the making and filing of a stay-undertaking at any time before the execution is satisfied by sale under it. An execution may be issued upon the judgment after the cause has been brought here on appeal, and after the appeal it may be stayed by proper undertaking filed below. Whenever the stay-bond or undertaking has been properly executed, (and the sureties have justified, if excepted to) or the Court below shall have dispensed with…