Asher v. Sekofsky

The opinion of the court was delivered by

Stiles, J.

The notice of appeal in this case was served on the last day allowed by the statute, and the bond was filed four days later. Respondents move to dismiss under the claim that the appeal must be perfected by the filing of the bond within six months.

Section 3 of the appeal act (Raws 1893, p. 120) requires an appeal to be “ taken ’ ’ within six months after notice of the entry of j udgment in cases of this kind. The ‘ ‘ taking ’ ’ of an appeal is affected by giving notice (§ 4). The failure to file a bond within five days renders the notice…