Doehler v. Lansdon

Respondents, who are plaintiffs, have moved the court for an order dismissing the appeal taken by defendants in the above-entitled matter. The motion to dismiss is based on the claim that the undertaking is insufficient in several particulars: First, that the liability of appellants and their surety is limited therein. Second, the undertaking is not sufficiently executed. Third, authority for subscribing the name of the surety is not shown.

First, the undertaking is in the usual form except that the word “damages” is omitted from the specific statement of appellants’ obligation which reads:…