Kerschner v. Smith

This is a motion to dismiss'an appeal for the reason that the undertaking was not filed within ten days from the filing of the notic 3 of appeal.

The defendant in this case served his notice of appeal on the seventh day of February, 1925, and on the nineteenth day of February, 1925, he filed his undertaking, which was duly served on the plaintiff at that date. The plaintiff moves now to dismiss the appeal on the ground that the undertaking was not served within ten days from the filing of the notice of appeal. But, as it appears that the undertaking was served on the plaintiff’s attorney on…