Weiss v. Board of County Commissioners of Jackson County

By the Court,

Watson, J.:

A motion has been made in this case to dismiss the appeal upon the grounds: 1. That the notice of appeal does not sufficiently describe the decree appealed from; 2. That the undertaking for appeal, as shown by the transcript, was not filed within ten days after service of the notice of appeal, but previous to such service, and consequently there, is no undertaking for this appeal. In opposition to this motion, appellant has filed his cross-motion, asking leave to file said undertaking, or file a new one.

In our opinion the notice of appeal is sufficient in the…