Morrison v. O'Brien

Citations

• 17 S.D. 372
• 97 N.W. 2
• 1903 S.D. LEXIS 60

Syllabus

<p>Failure to comply with Code Civ. Proc. § 457, which provides that the original undertakings on appeal must be filed with the notice of appeal, and a copy showing the residence of the sureties must be served with the notice of appeal, and section 458, which authorizes the respondent within 10 days after the service of the notice to except to the sufficiency of the sureties, requires, the service of the copy of the undertaking with the notice of appeal, and renders the appeal subject to dismissal on motion.</p>