First National Bank v. Hall

It appears that an order was made in this action in June, 1895, requiring, the plaintiff, asm nonresident, to file an undertaking for costs, or deposit .$250, under sections 3268’ and *2793272 of the Code, and in compliance with such order the plaintiff paid into court the $250.

That thereafter a trial was had, which resulted in a judgment in favor of plaintiff.

That the time allotted in which to appeal from such judgment has not expired, and counsel for defendant in open court declares his intention to appeal therefrom.

Motion is now made by plaintiff’s counsel for leave to withdraw the money…