United States v. John
District Court, D. Alaska
Motion to dismiss appeal from justice’s court because the undertaking on appeal was void.
1Opinion of the Court
BROWN, District Judge.
In the case of the United States v. Sheep Creek John, in which a motion is made to dismiss-the appeal, an examination of the undertaking on appeal discloses that the parties undertake “that the appellant will pay-all costs which may be awarded against said defendant on-appeal.”
Section 443 of the Criminal Code (Act March 3; 1899, c. 4.29, 30 Stat. 1334) requires, as one of the conditions of the bond, that “the appellant will pay all costs and disbursements-that may be awarded against him on appeal.” Under the authorities referred to in the Case of Florence alias Maud…
2Cases cited1 opinion
- State v. McCownWest Virginia Supreme Court · 1884