Anderson v. Knott

Hollister, C. J., concurred.

In this case the respondents move to dismiss the appeal, on the ground that no undertaking was filed within five days after service of the notice of appeal. The notice of appeal was filed on the thirty-first day of July, 1875. On the first day of September, 1875, the undertaking for appeal was filed. The notice of appeal does not show that it had been served upon the respondents or their attorneys, or either of them.

The transcript in this case does not show that the notice of appeal had been served upon any person or persons whatever, hence we conclude that service…