Haines v. Waite

Respondent has moved in this court on order to show cause for the dismissal of the above repeal (or to strike the cause from the records) because of defective undertaking for costs. Appellant by way of answer asked leave to amend the undertaking. Respondent by way of reply pointed out (and correctly, of course) that appellant was technically not entitled to consideration upon his application for leave to amend until he complied with rule 21 of this court and brought the same on by order to show cause, but in the same reply respondent proceeded to argue the merits of appellant’s application…