Haas v. Teters

Citations

• 17 Idaho 550
• 106 P. 305
• 1910 Ida. LEXIS 109

Syllabus

<p>'Appeal — Motion to Dismiss — Undertaking on Appeal.</p> <p>1. Under the provisions of see. 4808, Rev. Codes, an appeal is taken by filing with the clerk of the court in which the judgment or OTder appealed from is entered a notice stating the appeal from the same or some specific part thereof, and serving a similar notice on the adverse party, or his attorney, but the appeal is ineffectual for any purpose, unless within five days after service of the notice of appeal an undertaking is filed or a deposit of money is made with the clerk as provided by law, or the undertaking waived by the adverse party in writing.</p> <p>2. Where the notice of appeal is served on the 12th day of October, 1909, and the undertaking on appeal was not filed until the 22d day of October, 1909, the appeal will be dismissed on motion.</p> <p>(Syllabus by the court.)</p>