McMillan v. . Nye

The appellee moved to dismiss the appeal in this ease upon the ground that the undertaking upon appeal had not'been justified as required by the statute.

The appellant admitted the ground assigned, but insisted that the appellee’s counsel had, after the undertaking had been filed, signed and assented to the case settled upon appeal for this court, and had thus waived all objection to it.

This cannot be construed to he a waiver of the requirements of the statute in respect to perfecting appeals. In providing that an undertaking upon appeal shall he given, or a deposit of money in lieu thereof…