Johanna v. Larson

Fisk, Ch. J.

On respondent’s application an order was issued requiring appellant to show cause why the appeal herein should not be dismissed for lack of prosecution. In support of such order one of respondent’s counsel made and served an affidavit setting forth that the appeal was taken to this court from the judgment of the district court on or about December 4, 1913, by the defendant Larson by the service of a notice of appeal and undertaking on plaintiff’s attorney, one A. J.’ Bessie. That aside from the service on respondent’s attorney of a transcript of the evidence, no other steps have…