Twilegar v. Stevens

OPINION

By the Court,

Coleman, C. J.:

This case is before the court on respondent’s motion to dismiss the appeal. Respondent moves to dismiss upon two grounds, namely, that more than six months elapsed from the date of the rendition of the final judgment and the filing of the notice of appeal and the undertaking before the appeal was taken, and because more than five days elapsed between the filing of the notice of appeal and the filing of the undertaking on appeal. Since the motion must be sustained upon the latter ground, we do not deem it 'necessary to consider the former.

Section 5330, Rev.…