Dunham v. Cantlay & Tanzola, Inc.

The defendants appealed from a money judgment which had been rendered against them and furnished a timely undertaking in the usual form, to which exceptions were taken and notice of hearing thereon was served and filed. Owing to mistake and inadvertence the sureties were prevented from appearing at the time and place set for hearing, a continuance was not allowed and execution was about to issue on said judgment. The defendants pray for a writ of supersedeas and that they be permitted to furnish an undertaking pending the appeal.

Relief under strikingly similar circumstances has repeatedly…