Krehmke v. Armstrong

OPINION

By the Court,

Ducker, C. J.:

This case is before us on'motion to strike certain papers from the volume entitled “Transcript of Appeal,” and to dismiss the appeal, both from the judgment and order denying the motion for a new trial. The motion to dismiss is laid on several grounds, but as the ground that no undertaking on appeal was filed calls for a dismissal of the appeal from both order and judgment, we will not discuss the other grounds or the motion to strike.

Unless an undertaking on appeal has been duly waived, or a deposit made in lieu thereof, in accordance with section 412 of the…