Pencinse v. Burton

By the Court,

Watson, J.:

A motion was filed in this case by the respondent, to dismiss the appeal upon several grounds. At the hearing, however, all these grounds were expressly waived by respondent’s counsel, except the three last, to which the attention of the court was exclusively directed. They are as follows:

“No sufficient undertaking for the appeal was filed.

“ It does not appear that the surety on the undertaking for appeal possesses the qualifications required by law.

“ It appears by the record that the circuit court had no jurisdiction to reverse or modify the judgment of the justice’s…