28 Cal. 58 | Cal. | 1865
By the Court,
Respondents move to dismiss the appeal on the following
The appellant suggested a diminution of the record in this respect, and by way of counter motion asked an order directing the Clerk of the District Court to certify a copy of the undertaking on file to this Court, and since the submission of the motion to dismiss, the appellant has transmitted to this Court a certified copy of an undertaking on appeal in due form.
We think the appellant should be permitted to supply the defect in the record.
Ordered, that the certified copy"- of the undertaking on appeal transmitted to this Court be filed by the Clerk, and that the motion to dismiss be denied, and that respondents recover the costs of their motion.