Ellis v. Hull
Before: Crocker
Synopsis
Where an appeal is taken to the Supreme Court from a judgment, by filing notice of appeal and undertaking, and the appeal is afterwards dismissed by the Supreme Court for failure of the appellant to send up a transcript, the sureties are liable on the undertaking on appeal.
Crocker, J. delivered the opinion of the Court—Norton, J. concurring.
This is an action upon an undertaking on appeal, and the only ground of error assigned is that no appeal had been taken, and therefore that the undertaking was without consideration. The evidence sustains the findings of the Court that an appeal had been taken, which was dismissed by the Supreme Court with costs, on the ground of the failure of the appellants to file the ■ transcript. The objection, therefore, is not well taken.
The judgment is affirmed.
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