Wall v. Woods

Appellant filed a bond in the form of a supersedeas and appeal bond but insufficient by $46.25 to be double the amount of the judgment plus $300. Respondent moves to dismiss the appeal on the ground that the bond is Void. Appellant argues that since no objection to the amount was made within twenty days of the time the bond was given such objection was waived.

Meservy v. Idaho Irr. Co., 35 Ida. 257, 205 Pac. 559, held that a supersedeas and appeal bond might be contained in one instrument and that this did not conflict with Weiser River Fruit Assn. v. Feltham, 31 Ida. 633, 175 Pac. 583, which…