Farnworth v. Viet

Respondent moves to dismiss the appeal upon the ground among others that no undertaking on appeal has been given as required by C. S., secs. 7153 and 7154. The point is that one of the two sureties was a married woman and not competent to sign the bond.

The action was brought against appellant and one Tauber to recover the purchase price of certain hogs. Judgment went against both. Yiet appealed;'Tauber did not. Josephine Tauber, one of the two sureties, is the wife of the co-defendant. Whether she would have been a competent surety on her husband’s bond on appeal on the theory that the…