8 Or. 207 | Or. | 1880
By the Court,
In the case of Cross v. Chichester, 4 Or. 114, it was held by this court that it is too late to apply to the court to perfect the appeal by filing a new undertaking “ after the motion to dismiss is brought on for hearing,” and such has been the rule of practice since that decision; and wre think
We think that the undertaking is defective in binding the liability of the sureties.
The appeal will be dismissed.