Cole v. Fox

This is a motion to dismiss the appeal on the ground that the undertaking on appeal was not filed with the clerk of the district court from whence this appeal was taken, within five days after the service of the notice of appeal, as provided by section 4808, Revised Statutes. Said section is as follows: “An appeal is taken by filing with *124the clerk of the court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the adverse party, or his attorney. The order of service is immaterial,…