Klingler v. Henderson Block
Gottlieb Klingler v. Henderson Block
- Area
- civil
- Panel
- The Court (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
Motion to dismiss the appeal. The only ground of the motion stated in the notice is the general one, that "appellants have failed to perfect their appeal in said action within the time allowed by law." The certificate of *Page 562 the clerk shows that appellants, within the proper time, served and filed a notice of appeal, and filed "an undertaking on appeal in due form of law." The present motion is based on the fact that respondent excepted to the sureties on the undertaking, and that one of them failed to justify; but this, as has been frequently held by this court, is not a ground for dismissing an appeal. The certificate does not show any other ground for holding that appellants have "failed to perfect their appeal."
The motion to dismiss the appeal is denied.