Beckstead v. Gee

In limine we are met with a motion to dismiss the appeal because one of the sureties on the appeal bond was and is a married woman.

This court has held that under such circumstances the undertaking is not merely defective or insufficient but is void. (Farnsworth v. Viet, 39 Ida. 40, 225 Pac. 1023, such principle being approved in Strickfadden v. Greencreek Highway Dist., 44 Ida. 751, 260 Pac. 431.)

If a bond is void, only the filing of a valid bond within the statutory time (secs. 11-202, 11-203, I. C. A.) would protect and' perfect the appeal. If merely defective or insufficient, the defect or…