The appellant has moved to dismiss the appeal, for the reason that the appeal bond is not in form or substance such as to render the appeal effectual.

The point relied upon is that the bond is conditioned both as an appeal and supersedeas, and is in the penal sum of $£00. The motion- is granted. Hassett v. Fraternal Brotherhood, ante p. 161, 109 Pac. 805.

The dismissal of the appeal results in no prejudice to the appellant, as we would be required to affirm the case on the merits.