Cole v. Fox

Citations

• 13 Idaho 123
• 88 P. 561
• 1907 Ida. LEXIS 16

Syllabus

<p>Motion to Dismiss Appeal — Service of Notice op Appeal — Filing op . Undertaking on Appeal.</p> <p>1. Under the provision of section 4808, Revised Statutes, unless a proper undertaking is filed ■within five days after service of the notice of appeal, or a deposit of money be made with the clerk, the appeal is ineffectual for any purpose.</p> <p>2. Under the provisions of our statute, certain papers may be served by mail, but those provisions do not apply to the filing of undertakings on appeal.</p> <p>3. It is not sufficient if the undertaking is forwarded by mail to the proper clerk within five days after serving the notice of appeal, but the undertaking must be placed in the hands of the clerk for filing within that time. (Brown v. Hanley, 3 Idaho, 219, 28 Pac. 425, approved.)</p> <p>(Syllabus by the court.)</p>