Schacht v. Odell

Citations

• 52 Cal. 447

Syllabus

<p>Objection to Undertaking on Appear.—An objection to the form of the affidavit attached to an undertaking on appeal is not an objection to the sureties, which requires them to justify, and if there is a defect in the affidavit it may be supplied by filing a new undertaking in the Supreme Court, approved by the Chief Justice.</p> <p>Idem.—An objection to the sufficiency of sureties in an undertaking on appeal does not entitle the respondent to a dismissal of the appeal if the sureties fail to justify, provided the appellant files an undertaking in the Supreme Court approved by the Chief Justice.</p>