Legal Opinion

Burger v. Sinclair

North Dakota Supreme Court

Decided November 20, 1912PublishedCited by 14 opinions

Motions by respondent to dismiss the appeal and-also to vacate' an order made by a judge of tbis court permitting a supersedeas undertaking on appeal to be given.

1Opinion of the CourtFisk, J.

Eespondent moves to dismiss the appeal herein upon the grounds:

1st. That the undertaking for costs which was served and filed with *328the notice of appeal on March 27th last is not conditioned, as provided by statute, for the payment by appellant of all costs and damages which may be awarded against him on the appeal, not exceeding $250.

2d. That such alleged undertaking does not contain a justification of the sureties to the effect that they were worth the certain sum mentioned in their affidavit of justification over and above their debts and liabilities “in property within this state not by…

2Cases cited20 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
  3. Tyson v. TysonWisconsin Supreme Court · 1896
  4. Drinkwine v. City of Eau ClaireWisconsin Supreme Court · 1892
  5. White v. PolleysWisconsin Supreme Court · 1866

15 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Seckerson v. SinclairNorth Dakota Supreme Court · 1912
  2. Bonde v. SternNorth Dakota Supreme Court · 1943
  3. W. T. Rawleigh Medical Co. v. LaursenNorth Dakota Supreme Court · 1913
  4. Gamble-Robinson Minot Co. v. MauratisNorth Dakota Supreme Court · 1927
  5. Enderlien v. KulaasNorth Dakota Supreme Court · 1913

9 more not listed; retrieve them via the Exa API.

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