Motherwell v. Taylor

This is a motion by respondent to dismiss the appeal from the order denying motion for a new trial, also from the judgment of the court below, on the ground, among other things, that the undertaking is insufficient and void. • The appeal and the undertaking in this case are substantially like those in Mathison v. Leland, 1 Idaho, 712; Eddy *149v. Van Ness, 6 Pac. 115. The appellant seeks in each of these cases to appeal from the order denying a new trial, and from the judgment therein.

The undertaking in this case, among other things, sets out that whereas the plaintiffs appeal to the supreme…