Holladay v. Elliott

By the Court,

Kelly, C. J.:

On the eleventh day of March, 1878, the appellant, by his attorney, served a notice of appeal on respondents, who were non-residents of this state; Mr. Holladay being a resident of Washington, £>. C., and Mr. Emmett of San Francisco, California. The notice was served by mail, as required by law, and filed with the clerk of the circuit court for Marion county, on the fifteenth day of March, 1878. On the same day, an undertaking for an appeal was also filed, signed by the appellant and W. W. Sweeny as surety.

Both appellant and Sweeny were then in San Francisco,…