Peoples National Bank v. Potter

Respondent has presented a motion asking that the appeal be dismissed. The motion is based upon the ground that the appeal bond was not filed within the time provided by the rules of this court and the statutes of the state of Washington which require that an appeal bond be filed with the clerk of the superior court at or before the time that a notice of appeal is given or served, or within five days thereafter. See Rem. Rev. Stat., § 1721, and Rule of Supreme Court 5 (4), 18 Wn. (2d) 4-a.

The transcript discloses that appellants served and filed their notice of appeal May 17, 1949, and their…