McDonald v. Ellis
Cases that cite this one
4 later published cases cite this decision.
- McBroom v. Young (Ariz. 1913)
- Halladay v. Hall (Ariz. 1910)
- Porter v. Western Union Telegraph Co. (Iowa 1907)
- Territory of Arizona ex rel. Price v. Doan (Ariz. 1900)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A motion to dismiss tbe appeal herein was' filed by appellee for the reason that the instrument filed by appellants as a bond on appeal in said cause was not accompanied by the affidavit of each or either of the sureties thereon that he or they were worth the amount for which he or they signed the same, over and above his or their just debts and liabilities, exclusive of property exempt from execution, as is provided shall be done by paragraph 868 of the Revised Statutes of 1887. This paragraph provides that a bond on appeal “shall be of no effect unless accompanied by the affidavit of each of the sureties that he is worth the'amount, for which he has signed, over and above his just debts and liabilities exclusive of property exempt from execution.” This statute is mandatory, and, unless the statutes in relation to appeal-bonds and their justification are strictly complied with, this, court can acquire no jurisdiction on appeal. Rev. Stats. 1887, sees. 863, 868.
Dismissed.
Rouse, J., and Sloan, J., concur,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.