Dahl v. Tibbals

The opinion of the court was delivered by

Anders, C. J.

The respondent moves the court to strike this cause from the calendar for the reasons: (1) That the notice of appeal was not recorded in the journal of court below as required by law. (2) The bond filed in this cause is not executed by the guardian ad litem as one of the principals, and refers to an appeal taken prior to or on February 20,1892. No notice of appeal was given or filed until February 23, 1892.

The first ground of the motion is evidently based upon the statutory provision that when the notice of appeal is given in writing, and…