Brown v. Sundback

MURANE, District Judge.

The transcript on appeal in this case does not contain any proof of service of the notice of appeal, nor does the notice of appeal have indorsed thereon proof of service as required by the Alaska Code.

The case of Williams v. Schmidt, reported in 14 Or. 470, 13 Pac. 305, holds that the notice of appeal is the same character of process as a summons, both being issued to bring the party within the jurisdiction of the court, and that the statute must be strictly complied with.

Counsel for appellant, after motion was made to dismiss the appeal in this court, wished to supply…