Chance v. Arcularius

OPINION

On Motion to Dismiss Appeal

By the Court,

Badt, C. J.:

Appellants, plaintiffs below, appealed from an adverse judgment and from the order denying their motion for *53a new trial. Respondent has moved to dismiss the appeal from the order denying new trial upon the ground that such appeal is ineffectual for lack of an undertaking on such appeal.

Appellants’ notice of appeal to this court recited that they appealed “from the judgment [describing it] and from an order denying a motion for a new trial [describing it].” On the same day they served and filed their undertaking on appeal reciting:…