Johnston v. Letson
Arizona Supreme Court
1. Appeal and Error—Bond—Sueetgiency—Undertaking—Jurisdiction—Bev. Stats. Ariz. 1887, Seo. 859, Ch. 20, Title 15, Cited and Construed.—If an undertaking, filed in lieu of the bond on appeal required by the statute, supra, complied with its requirements necessary to give this court jurisdiction, the form might be disregarded.
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1. Appeal and Error—Bond—Sueetgiency—Undertaking—Jurisdiction—Bev. Stats. Ariz. 1887, Seo. 859, Ch. 20, Title 15, Cited and Construed.—If an undertaking, filed in lieu of the bond on appeal required by the statute, supra, complied with its requirements necessary to give this court jurisdiction, the form might be disregarded. Where such undertaking is not made payable to the appellee, nor to any one, and only undertakes to pay all damages and costs which may be awarded against him on appeal not exceeding three hundred dollars, and is not conditioned that appellant will prosecute his appeal…
1Opinion of the CourtGooding, C. J.
In this action motion is filed to dismiss appeal because this court has no jurisdiction of the ease. The objection to the jurisdiction is based on the absence of a bond such as required by the 'Statute. While this court desires to decide every case on its merits, it cannot take jurisdiction contrary to the statutes of the territory. Section 859 (ch. 20, tit. 15) specifically provides what kind of a bond shall be given on appeal. It provides, among other things, that the appellant shall execute a bond payable to the appellee in a sum at least double the probable amount of the costs of the suit…
2Cited by3 opinions
- West Pub. Co. v. Lawyers' Co-Operative Pub. Co.Court of Appeals for the Second Circuit · 1897
- Territory of Arizona ex rel. Price v. DoanArizona Supreme Court · 1900
- Metzler Lumber Co. v. Farmers' Mercantile Co.Oregon Supreme Court · 1915