In Ramsey Trucking Co. v. Mitchell (1961) 188 Cal. App. 2d Supp. 862, the order setting aside the default and granting a new trial was conditioned upon payment of $ 200 to the plaintiff. Counsel for the defendant sent a check in that amount to counsel for the plaintiff. The plaintiff's counsel called and said he would return the money and was told he should keep it until the defendant's insurer took action or the appeal was resolved. Counsel then deposited the check in his office account. In open court he tendered the $ 200 back to the defendant if the order was reversed. The court found the conditional retention of the money in the office account did not waive the appeal, as it was not " 'unconditional, voluntary and absolute.' " (Id. at p. Supp. 864.)