McMillan v. Sproat

Respondent has moved to dismiss appellants’ appeal for the reason that the undertaking on appeal was not filed within five days after the service of the notice of appeal. The notice of appeal was served May 16, 1928, and the undertaking on appeal was filed May 22, 1928. C. S., sec. 7153, provides in material part that an appeal “is ineffectual for any purpose unless within five days after service of the notice of appeal, an undertaking be filed, or a deposit of money be made with the clerk, .... or the undertaking be waived by the adverse party in writing.” There was no deposit of money with…