Young v. Waldrop

Plaintiffs Young and Olson were the sureties on the appeal undertaking and stay bond of the appellants Maser in the case of Waldrop v. Maser, 93 Mont. 612, 23 Pac. (2d) 417. That appeal was dismissed by this court for appellants’ failure to file the transcript within the time provided by statute and court rule, and the trial court on the motion of Waldrop, the plaintiff and respondent in that case, thereupon entered summary judgment in his favor against the sureties as provided by section 9735, Revised Codes, and the undertaking.

The sureties thereupon attempted to appeal from the summary…