Barber v. Johnson

Citations

• 4 S.D. 528
• 57 N.W. 225
• 1894 S.D. LEXIS 1

Syllabus

<p>1. If, in an appeal from justice court, the sufficiency of the sureties in the undertaking is excepted to as provided in Section 6133, Comp. Laws, and they or other sureties do not justify as required in said section, the appeal, on motion of respondent in circuit court, should be dismissed.</p> <p>2, The affidavits of the sureties as to their qualifications, appended to the undertaking when executed, do not constitute such justification as is contemplated by said section.</p> <p>(Syllabus by the Court.</p>