Benson v. Anderson

Smith, J.:

In this case a motion is made to dismiss the appeal, for the reason that no undertaking on appeal has been given. An inspection of the transcript on file shows that no undertaking has been filed, but an affidavit has been filed in the office of the clerk of the district court which was no doubt intended to take the place of an undertaking. The material part of the affidavit is as follows: “ I do solemnly swear that I am not able to bear the expenses of this action on appeal, which I am about to take to the supreme court of the Territory of TJtah, and that I am justly entitled to the…