Elliott v. Chapman

Field, C. J. and Baldwin, J. concurring.

In this case, the defendants move to dismiss the appeal, on the ground that no undertaking was filed within five days after the filing of the notice. The notice was filed on the third of February, 1859, and on the seventh the Court made the following order: “ On motion of attorney for plaintiffs, it is ordered by the Court that plaintiffs have the full period of twenty-five days, in which to file their undertaking on appeal, and that proceedings herein be stayed until that time.” It is contended that the effect of this order was to enlarge the time…