Granger

Motion to dismiss an appeal upon the ground that the undertaking is insufficient. The appeal is from the judgment, and also from an order denying a new trial. The undertaking recites both of the appeals, and that in consideration thereof the appellant will pay all damages and costs which may be awarded against him on the appeal, or on the dismissal thereof, not exceeding three hundred dollars.

It was held in Chester v. Bakersfield Town Hall Assn., 64 Cal. 42 , that, upon an appeal from both the judgment and an order denying a new trial, only one undertaking for three hundred dollars need be filed in order to give this court jurisdiction of the appeal. This was recognized as an exception to the general rule requiring a separate undertaking for each appeal, but the practice had been continued so long, and had become so well *632 settled, that, as was said in Sharon v. Sharon, 68 Cal. 326 , the court very properly declined to disturb it. The sufficiency of this practice, as well as the fact that it is an exception to the general rule, has since been frequently recognized and upheld by this court. (Corcoran v. Desmond, 71 Cal. 103 ; Williams v. Dennison, 86 Cal. 430 ; Centerville…