Peck v. Phillips

This was a motion made in this court to dismiss the appellant’s appeal.

Two grounds were assigned as the basis for the motion.

First. Because no service of the notice of appeal was made upon the clerk of the district court as required by law.

Second. Because no sufficient undertaking on appeal had been executed by appellant.

The judgment was entered on the 27th day of February, 1886; on the 6th day of March, notice of appeal was duly served by copy on the. attorney for respondent and on the same day the original notice was filed (as any other paper in the case would be) in the office of the clerk…