Fergen v. Lonie

This cause is before us on a motion to dismiss the appeal taken by the' superintendent of banks from an *329order denying his motion to vacate a judgment taken against him as garnishee. ,

One ground of the motion is that the superintendent did not supply an undertaking on appeal. Such undertaking was not necessary. The superintendent of banks is a state officer, and the appeal was taken by him in a purely official capacity. Rev. Code 1919, § 3161.

The only other ground of the motion worthy of mention is that the notice of appeal was not served on the principal defendant. Under section 3146, Rev.…