11 S.D. 480 | S.D. | 1899
This case comes before us at this time on two motions made on the part of respondents, one of which is
Counsel for respondents contended that the service of the undertaking upon the respondents presents a jurisdictional question, and that, in the absence of such service, this court has no jurisdiction of the appeal. In this contention, counsel are clearly in error. By Section 5215, Comp. Laws, it is provided that “the appeal shall be deemed taken by the service of the notice of the appeal and perfected on service of the undertaking for costs.” And Section 5219 provides, “To render an appeal effectual for any purpose, an undertaking must be executed on the part of the appellant.” When the notice of appeal is duly served, and an undertaking executed, this court has jurisdiction of the appeal, although the appeal may not be perfected by the performance of all the acts specified in the