Stans v. Baitey

The opinion of the court was delivered by

Scott, J.

— Ellen M. Maltby served notice of an appeal in this action and gave security therefor, which was in form an undertaking instead of a bond. Thereafter appellants Owens and Loomis undertook to join in said appeal by filing with the clerk of the superior court a statement that they joined therein, in pursuance of § 5, Laws 1893, p. 121, but executed no bond. The respondents move to dismiss —as to Maltby on the ground that an undertaking for costs is not a sufficient compliance with the statute relating to the giving of a bond, and as to Owens…