63 P. 667 | Cal. | 1901
Respondents have moved to dismiss the appeals in this case. One of the grounds relied upon to secure a dismissal is based upon the claim that the undertaking upon appeal is substantially defective. This undertaking *351 recites that whereas the appellants have appealed to this court from the judgment entered in the action, and also from the order denying plaintiff's motion to set aside the judgment, now, therefore, "in consideration of the premises and of such appeal," the sureties undertake that appellants will pay all damages awarded against them on "the appeal."
The case of Estate of Heydenfeldt,
For the foregoing reasons the appeals are dismissed.
Van Dyke, J., Harrison, J., McFarland, J., and Temple, J., concurred. *352