Waite v. Burgess

OPINION

By the Court,

Merrill, J.:

This is a motion to dismiss this appeal for lack of undertaking. The record discloses that after the taking of the appeal by the serving and filing of notice and undertaking (with two individuals serving as sureties), respondent on March 4, 1952 duly served and filed notice of motion for justification of sureties. The following day counsel for appellant appeared before the trial judge and requested that a time be fixed for such justification. The trial judge directed that the matter be brought up on the law and motion calendar. On March 7, 1952 the matter was…