Winton v. Kirby

Kellám, J.

This is a motion to dismiss the appeal “unless appellant forthwith'furnish a good and sufficient undertaking as required by law. ” The motion is made upon the files in the case and an affidavit of one of the respondents, stating that one of the sureties who executed the undertaking on appeal is insolvent; that judgments have been standing against him of record for the past four years, upon which executions have been issued and returned uncollected, and that he has no property in the state subject to execution; and further, upon information and belief, that the affidavit of…