Merchants State Bank v. Beighle

Bronson, Ch. J.:

This is an action to reform an undertaking up-' on appeal and to recover thereupon. The amended complaint alleges that in an appeal from the judgment to this court wherein this plaintiff and one Strceper were parties, defendants made an undertaking-in behalf of Strceper; that the judgment was affirmed, 48 N. D. 583, 186 N. W. 98; that this judgment has not been paid; that such undertaking recites, — “that'the defendant and appellant . . . (in such •appeal) . . . will pay all costs that may be awarded against the ■defendant on appeal, or on dismissal thereof, and all damages…