Moser v. Lundahl

WOLFE, Justice.

Respondent has moved to dismiss this appeal on the ground that appellants “have failed to perfect their appeal as pro vided in Section 104-41-6 of the Revised Statutes of Utah, 1933, in this, that said appellants failed within five (5) days after the service of the notice of appeal, or at all, to file an undertaking on appeal with the Clerk of the District Court * * * or to deposit money with said Clerk in lieu thereof, neither was there any waiver in writing by plaintiff and respondent.” (italics added.) It is further urged that at the time of filing of the motion to dismiss,…