Healy v. Taylor

— Respondents move to dismiss the appeal in this cause on the ground that an undertaking on appeal was not given as required by C. S., sec. 7153. It is conceded that the only undertaking given was executed on December 30, 1922, and that the notice of appeal was served on respondents on February 16, 1923, and filed on February 20, 1923. C. S., sec. 7153, provides that an appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the…