Stapleton v. Pease

The respondent moves to dismiss this appeal because the proper undertaking has not been filed. The statute *509requires that the undertaking on appeal shall be executed “ to the effect that the appellant will prosecute his appeal with effect, and will pay all damages and costs which may be awarded against him on the dismissal or trial of the appeal, not exceeding $300.” Sts. 8th Sess. 50, § 5. The undertaking in this case contains the following condition: “ The said plaintiffs will prosecute their appeal with effect, and pay all costs and damages which may be awarded against-plaintiffs and in…