Caldwell v. Evans

Judgment in favor of respondent was entered in this cause, in the district court of the third judicial district for Elmore county, on September 7, 1928. On December 6, 1928, notice of appeal to this court was served and filed on behalf of appellant. So far as material, C. S., secs. 7153, 7154, require, in order that an appeal may be effectual, the filing of an undertaking, or a deposit with the clerk of the court in which the judgment was entered of the sum of $300, within five days after service of the notice of appeal. On December 11, 1928, the last day upon which an undertaking might be…