Kingsbury v. Lee

The record in this case discloses the fact that the notice of appeal is dated February 17, 1921, that on the same day the attorney for appellant mailed to the attorney for respondents a copy of such notice of appeal, and the certificate of the clerk shows that a good and sufficient undertaking was filed on the 1st day of March, 1921. However, such undertaking was not filed within the time provided by C. S., sec. 7153: “ .... but the appeal is ineffectual for any purpose unless within five days after service of the notice of appeal an undertaking be filed, or a deposit of money be made with…