Rowe v. Hewlett

It is sought to dismiss the appeal on the ground that no undertaking for costs required by C. S., sec. 7153 has been filed. Appellant insists that the following is sufficient as such an undertaking:

“Whereas, .... A. J. Hewlett has appealed .... from a judgment .... and

“Whereas, the said A. J. Hewlett desires to give supersedeas undertaking on such appeal for the purpose of securing a stay of execution as required and provided by section 7155, Idaho Compiled Statutes;

“Now, therefore, said A. J. Hewlett, as principal, and W. D. Service and L. G. Hewlett, as sureties, do hereby obligate…