Spokane Cattle Loan Co. v. Crane Creek Sheep Co.

In this ease respondent has moved to dismiss the appeal from the order denying motion for a new trial, upon the ground that no undertaking on appeal from such order was given.

From the record it appears that judgment was entered on July 8, 1922. Plaintiff made a motion for a new trial, which was denied on September 13, 1922. On October 4th thereafter plaintiff served and filed notice of appeal from both the judgment and the order denying motion for a new trial. On the same day an undertaking for costs on appeal was filed, which recites:

“Whereas the above named plaintiff and cross-defendant…