FORM No. 1262-Provisional order affirming judgment on appeal.

(In Greve v. Echo Oil Co., 8 Cal. App. 275; 96 Pac. 904.) [Title of court and cause.]

It is ordered, that if respondent shall within ten days after the filing of the remittitur in the trial court enter partial satisfaction of the judgment to the amount of $90 as of the date of the entry of the judgment, the order and judgment shall stand affirmed; otherwise, the order and judgment are reversed; plaintiff to recover its costs of appeal. [Date.]

S. T., Judge.

FORM No. 1263-Order of supreme court relating to exhibits.-Action to quiet title, and for value of rents and profits, and for restitution.

(In Gage v. Gunther, 136 Cal. 338; 68 Pac. 710; 89 Am. St. Rep. 141.) [Title of court and cause.]

Upon reading the stipulation of the attorneys for appellants and respondents, and good cause appearing therefor:

It is hereby ordered by the court, that the copies of the transcript on appeal in the above-entitled cause from the judgment entered in said cause, and also from the order denying the motion of defendant O. H. Newall for a new trial of said cause, to be served on attorneys for respondents and filed in the office of the clerk of the supreme court (except one of the copies served on each of the attorneys for respondent), need not have attached thereto any of the exhibits referred to in the cross-complaint and in the bill of exceptions of defendant O. H. Newall on motion for new trial and on appeal from the judgment entered in the said cause, which consists of maps, diagrams, and photographs.

That one of said copies to be served on each of the attorneys for respondents shall contain duplicates of all such maps, diagrams, and photographs, similar to those inserted in the original certified transcript on appeal, and reference to said maps, diagrams, and photographs, as being in said original certified transcript shall be made. in the other copies.

Dated July 23, 1900.

Beatty, C. J.

FORM No. 1264-Stipulation consolidating various causes on appeal. (In Burke v. Maguire, 154 Cal. 456; 98 Pac. 21.) [Title of court, and titles of various causes, separately given, with number of each.]

It is hereby stipulated and agreed by and between the parties to the above-entitled actions, that the appeals taken by each of the plaintiffs in said actions to the supreme court of the state of California from the judgments made and entered by the superior court of the city and county of San Francisco, state of California, against the said plaintiffs, and each of them, and in favor of said defendants therein, and each of them, may be heard and determined by this court upon one transcript on appeal, which transcript shall be filed. in the said action entitled "Annie Burke, plaintiff, v. James Maguire, administrator of the estate of Bridget McDermott, deceased, defendant," and that said transcript on appeal shall contain

1. The record on appeal prescribed by law;

2. A copy of so much of the original complaint in said action as differs from the last amended complaint, and the admissions that the original complaint was verified;

3. The first amendment to the original complaint;

4. A copy of this stipulation, and the order made by the foregoingentitled court thereon.

Dated this 28th day of March, 1906.

FORM No. 1265-Remittitur.

Sullivan & Sullivan, and
Theo. J. Roche,

Attorneys for the plaintiffs in each
of the foregoing-entitled actions.
George C. Ross, and

John J. Barrett,

Attorneys for the defendants in each of said entitled actions.

(In Lowe v. Ozmun, 3 Cal. App. 387; 86 Pac. 729.)

[Title of court and cause.]

On appeal from the superior court in and for the county of Los Angeles.

And now, on this day, this cause being called, and having been heretofore submitted and taken under advisement, and all and singular the law and premises having been fully considered, the opinion

of the court herein is delivered by McFarland, J. We concur: Henshaw, J., Temple, J.

Whereupon, it is adjudged and decreed by the court that the judg ment of the superior court in and for the county of Los Angeles in the above-entitled cause be and the same is hereby reversed, with direction to the court below to overrule the demurrer to the complaint, appellant to recover costs of appeal herein.

I, George W. Root, clerk of the supreme court of the state of California, do hereby certify that the foregoing is a true copy of an original judgment in the above-entitled cause made and rendered and entered on the 11th day of September, 1902, and now remaining of record in my office.

Witness my hand and the seal of the court, annexed at my office, this 13th day of October, A. D. 1902. [Seal.]

George W. Root, Clerk.
By A. E. Hornlein, Deputy.

[Endorsement of filing, docketing, and entry upon the records of the trial court.]

Form of appeal bond on motion to dismiss the appeal for the reason the appeal bond is not in double the amount of the award: Chicago etc. R. Co. v. Abilene Townsite Co., 42 Kan. 98, 21 Pac. 1112.

Form of appeal bond in an appeal from a judgment rendered by a justice of the peace of an unorganized county: Smith v. Nescatunga Town Co., 36 Kan. 758, 14 Pac. 246.

Form of appeal bond where a motion to dismiss the appeal was made upon the ground that the appeal was not taken and perfected according to law: Knight v. People, 11 Colo. 309, 17 Pac. 902.

Form of undertakings on appeal where motion to dismiss appeal was made: Sharon v. Sharon, 68 Cal. 329, 9 Pac. 187, 188.

Form of motion to dismiss an appeal upon the ground that the date of the judg ment recited in the appeal bond did not correspond with the date on which the judgment was rendered: Shuster v. Overturf, 42 Kan. 669, 22 Pac. 718.

§ 507. ANNOTATIONS.-New trials and appeals.

1. New trial.-Grounds of motion must be specified.

2. Motion heard at subsequent term of court.

3. Perjury as ground for new trial.-Nebraska statute.

4. Effect of motion for new trial granted.

5. Appeal.-Grounds of motion on review.

6, 7. Order or judgment nunc pro tunc providing for answer to amendment.

8. Rule as to reversal of judgment for defects in complaint.

9. Motion to dismiss.-When should be overruled.

10. Order striking out pleading.

11. Order granting nonsuit.

12. Review of orders made upon motions.

13. Matters not considered on appeal from order. 14, 15. Sufficiency of complaint.-When not considered. 16. Petition when liberally construed on appeal.

17. When complaint is not vulnerable to attack on appeal.

18. Reversal for fundamental error.

19. Non-prejudicial ruling.

20, 21. Parties to appeal.

22. "Adverse party."

23, 24. Undertaking on appeals from judgment and order denying new trial. 25. Separate undertakings.

26. Classes of undertakings on appeal.

27. Non-appealable order.-Striking out pleading. 28. Failure to answer.-When deemed waived.

29. Deficiencies of complaint supplied by the answer. 30. Trial de novo of equity case in supreme court. 31. Decisions on all questions not required.

32. Modification of judgment for excess.

33. Transcript should contain notice of appeal.

34. Transcript not required to include the undertaking.
35. Alternative method of appeal.-California.
36. Appellant as principal in appeal bond.