Falk v. Goldberg

These two causes involve precisely the same questions of law, and will be considered together. In each a motion is made to dismiss the appeal, principally on the ground that no copy of an undertaking was servéd upon the respondent or his attorney. It appears that notice of the appeal* was served upon the clerk and the respondent’s attorney February 9, 1878. On the 11th of that month, a bond, instead of the statutory undertaking, was served upon the clerk; but whether a copy thereof was served upon the respondent’s attorney, is a matter left in, doubt by the affidavits used on this motion.…