Correa v. Waiakea Mill Co.

DISSENTING OPINION OF

PARSONS, J.

I respectfully dissent. The bond in the case at bar served a substantial purpose. It operated as a stay of execution. With it on file the motion could not have been dismissed on account of insufficiency of the bond except in conformity Avith the provisions of section 2538, R. L. 1925, Avliich are as folloAVS: “No motion for a neiv trial, bill of exceptions, appeal or Avrit of error shall be dismissed for any informality or insufficiency of any bond, unless upon neglect of the party filing such bond to comply with an order of a court or judge having jurisdiction…