Anderson v. White

—Motion to dismiss appeal. June 26, 1931, a money judgment was entered in the district court in favor of plaintiff. On July 11, 1931, an appeal bond was filed by defendant to which exceptions were filed and subsequently, on July 27th, a new undertaking was filed. Respondent moved to dismiss the appeal and on the date of the hearing, September 9, 1931, appellant also moved to dismiss the appeal “without prejudice” because the undertaking was defective. The last motion was granted by the court on September 10, 1931. On September 23, 1931, within the statutory period allowed for appeal (C. S.,…