Thompson v. Fargo Heating & Plumbing Co.

Appeal from a judgment of the district court dismissing an appeal from justice court for irregularity. The appellant, before serving the notice of appeal and undertaking on the adverse party, presented the undertaking to the clerk of the district court, and the latter indorsed thereon a formal approval thereof. The notice and undertaking were served two days later, and were subsequently filed in the clerk’s office, with proof of service. All these acts were done within the time allowed for appeal. The only irregularity alleged as ground for dismissal was the fact that the formal approval was…