Shissler v. Crooks

Noggle, 0. J.,

delivered the opinion.

Lewis and Whit-son, <JJ., concurred.

In this case a motion is made by the respondent to dismiss the appellant’s appeal, for the reason that no undertaking was filed within the time fixed by section 296 of the civil practice act. Three things must be done by the appellant to perfect an appeal and give the supreme court jurisdiction: 1, A notice of appeal must be filed. 2. A copy of the notice so filed must be served on the adverse party or his attorney, as provided in section 285 of the civil practice act. And 3. The filing of the undertaking required by…