Bonnell v. Van Cise

Citations

• 8 S.D. 592

Syllabus

<p>1. Comp. Laws, Sec. 5215, provides that an appeal must he taken by service of notice, and perfected on service of the undertaking’ for costs, or a deposit of money instead, or a waiver thereof. Sec. 5219 provides that, to render an appeal effectual for any purpose, an undertaking must be executed, or a deposit, with service of notice, or waiver thereof, made. Sec. 5281 provides that the undertaking must be filed, and a copy thereof served with the notice of appeal. Held, that where the notice of appeal was served on the adverse party and on the clerk, add was duly filed, but no undertaking executed, or deposit made, or waiver thereof, as prescribed, the appeal was a nullity.</p> <p>2. Comp. Laws, Sec. 5219, makes an undertaking, or a deposit in lieu thereof or a waiver, an essential requisite of an appeal. Held, that an offer of waiver by an appellee, refused by the appellant, will not confer jurisdiction on the appellate court.</p>