Clarke v. Swartz

This case is before us on a motion to dismiss the appeal. On November 13, 1929, counsel for appellant served counsel for respondent with notice of appeal from the judgment, and on November 21, 1929, caused the same to be filed in the office of the clerk of the district court with an undertaking on appeal.

“Appeals are matters of statutory regulation. There must be a substantial compliance with the statute in order to confer jurisdiction upon the appellate court. The appellant is charged with the duty of perfecting his appeal in the manner provided by law, and error in this regard affects the…