120 N.W. 757 | N.D. | 1909
Appellant appealed both from a judgment and from an order denying its motion for a new tidal. But -one notice of appeal and one undertaking on such appeal were filed. The undertaking merely refers to 'omission to be supplied from, 120 N. W. 75, the appeal from the judgment, no mention being made of the appeal from the order. Respondents procured from this court an order to show cause, returnable on the first day of the present term, requiring appellant to show cause, if any there be, why its said appeal from the order should not be dismissed for its failure to give an undertaking as required by law. No appearance was made by apellant on the return day of the order to show cause, and no brief has been filed -by it in opposition to the granting of the relief asked by respondent’s counsel.
In the light of these facts we are not called upon to determine whether, under the provisions of section 7224, Revised Codes 1905, appellant might, on a proper showing of its omission through mistake or accident to furnish such undertaking, be permitted to file one at this time. The language of said section is very broad,
The reasoning in the foregoing cases meets with our approval, and under such rule it is entirely clear that the appeal from the order is wholly ineffectual; hence respondents’ motion to dismiss the same is hereby granted, and such appeal dismissed, with $25 costs.