Jenkins v. Emery

Citations

• 2 Wyo. 58

Syllabus

<p>UndebtAking. — Appeal from Justice’s Courts. Tlie legislature, in requiring a given undertaking, on appeal from justice’s courts, and then proceeding to provide a form for it, intends to provide through the form for all that the instrument should contain, and when it also declares that the undertaking may follow the given form, it in express terms declares the sufficiency of the form.</p> <p>Idem. — The statute requires the justice to approve the undertaking before allowing the appeal ; this means that he must pass’ upon the sufficiency of the undertaking, both as to form and the qualifications of the surety, and his approval of the instrument is an affirmation that the surety is qualified ; if this appears in the record, the affirmation appears there. The fact that the justice allowed the appeal shows affirmatively by the record, that he approved the undertaking.</p>