Wallace v. McKinlay

— This was an appeal from a judgment and from an order sustaining plaintiff’s demurrer to defendants’ amended answer. A motion to dismiss the appeal was filed by respondent. The motion enumerates several grounds, but upon the hearing but one ground was argued, viz., the insufficiency of the undertaking. The undertaking provided only “that said appellants will pay all damages and costs which may be awarded against them on the appeal or on a dismissal thereof,” without any reference to which appeal it was intended to apply. It is urged by the appellants that, as the order sustaining the…