Wiebold

This is an application for an order permitting appellants to substitute undertakings in place of the money deposited in the court below in lieu of undertakings on appeal.

"Undertakings were filed in the court below in due time after notice of appeal, but exception was taken by respondents to the sufficiency of the sureties therein. *419 On the day fixed for the justification of the sureties, the latter failed to appear before the judge of the court below. Thereafter, and in due time, the appellant deposited the amount of the judgment appealed from, and three hundred dollars in addition thereto, which, under section 948 of the Code of Civil Procedure, was equivalent to the giving of sufficient undertakings.

The petitioner has presented to this court undertakings in due form, and asks to have the same approved and filed, and to be allowed to withdraw the money deposited in the court below.

The statute gives an appellant the right to perfect his appeal and secure a stay of proceedings on the judgment, either by giving certain undertakings, or by depositing in the court below the amount of the judgment appealed from, and three hundred dollars in addition thereto. The appellant…