Wilson v. Morrell

The opinion of the court was delivered by

Hoyt, J.

Respondent seeks to have this appeal dismissed for the reason that no such bond on appeal has *655been filed as the statute requires, and also for the reason that the statement of facts is brought here in the original form instead of by copy.

Respondent concedes that an instrument with sufficient sureties and properly conditioned has been duly filed, but claims that because such instrument is in the form of an undertaking instead of that of a bond, it is ineffectual for the purposes for which it was given. Were it not for several provisions of our…