Hines v. Carl

Appeal by defendant Carl from an order of the District Court of Broadwater county, entered December 7, 1897, denying his motion for a new trial. Notice of appeal was served on January 17, 1898, but not until the 31st day of the same month was any undertaking on appeal filed. Plaintiff moves the Court to dismiss the appeal upon the ground that the undertaking was not filed within the time prescribed by statute. The motion must be granted. By Sec*502tion 1724 of the Code of Civil' Procedure an appeal to the Supreme Court is declared ineffectual for any purpose unless within five days after service…