Reich v. Martin

An order was entered in circuit court on December 27, 1932, sustaining plaintiff’s demurrer to defendants’ amended cross-complaint, which order was filed on January 3, 1933, and on the same day defendants served and filed notice of appeal to this court therefrom. On January 10, 1933, defendants caused an undertaking for costs on appeal to be duly executed and 'filed the same with the clerk of the circuit court on that day, but entirely omitted to serve said undertaking on counsel for plaintiff at any time.

Under these circumstances, plaintiff-respondent has moved in this court, pursuant to…