Bookwalter v. Conrad

The respondent moves to dismiss the appeal. The appeal is from an order denying defendants’ motion for a change of venue. The ground of the motion to dismiss the appeal is, that it does not appear that any bill of exceptions or statement was ever signed by the judge to authorize the appeal.

But this is an appeal from an order, and may be brought up without a bill of exceptions or a statement. Section 438, Code of Civil Procedure, provides that “on appeal .... from an order the appellant shall furnish the court with a copy of the notice of appeal, undertaking, or undertakings on appeal, the…