In Re Guardianship of Frank

MORRIS, Chief Justice.

This matter came before the Court on April 10, 1964, upon a motion by the respondents to dismiss the appeal on the ground that no appeal had been perfected for the reason that the purported undertaking on appeal had never been executed by two sureties, as required by Section 28-27-09, NDCC, but had only been executed by the appellants; that the undertaking was therefore void and of no effect; ánd that the undertaking on appeal is a jurisdictional prerequisite, and the Supreme Court is without jurisdiction to hear the appeal.

The appellants countered with a motion to…