Spreckels

In this case two appeals were taken by-plaintiffs—one from an order dissolving an injunction, the other from the judgment. Only one undertaking on appeal was given, which was intended to serve for both appeals. The undertaking sufficiently recites the order and the judgment, and the sureties stipulate “ that the said appellants will pay all damages and costs which may be awarded against them, or either of them, on the appeals, or either of them, or on the dismissal thereof, or of either of them, not exceeding six hundred dollars, to which amount we acknowledge ourselves jointly and severally hound.”

The statute requires an undertaking for each appeal, to the effect that the appellant will pay all damages and costs not exceeding three hundred dollars. When there are several appeals in the same case, the different undertakings may be in the same instrument. (Sharon v. Sharon, 68 Cal. 326 .) The instrument should, however, contain an undertaking for each appeal. A motion to « dismiss both appeals was made, based upon the supposed defects of the undertaking. It is claimed that it does not constitute an undertaking in either appeal, and that this court has no jurisdiction.

The…