28 P. 425 | Idaho | 1891
Respondent moves this court to dismiss-this appeal, on the ground that no undertaking on appeal was-filed within five days after the service of the notice of appeal. The record shows that the notice of appeal was served on the-twenty-second day of July, 1891, and that the undertaking on appeal was filed on the first day of August, 1891. There is no dispute as to the facts. Appellants make a counter-motion for a nunc pro tunc order permitting an undertaking to be now filed, based upon an affidavit setting forth the cause of the delay in filing said undertaking within the time required by law. Counsel for appellants urge, with marked ingenuity and ability, that this court has the authority to grant said motion, especially as our statutes, and all proceedings under them, must be liberally construed, with a view to effect their objects and to promote justice. Section 4808 of the Revised Statutes of Idaho is too piain to require construction. It is imperative, and pro-1
