Mulka v. Keyes

Howard C. Keyes, one of the respondents on this appeal, has moved that the appeal be dismissed as to him. His motion is based upon two grounds, the first being that there is no effective appeal bond now on file as to him.

During the course of the trial, Howard C. Keyes was dismissed as a party defendant by judgment of dismissal entered November 29, 1951. On December 27, 1951, appellants served their notice of appeal, and filed it on the following day. On January 5, 1952, appellants filed a cost bond on appeal. This bond ran to Howard C. Keyes, and recited that it was given to secure the costs…