1. MCA Contents
  2. TITLE 25
  3. CHAPTER 33
  4. Part 2
  5. 25-33-207 Defective undertaking

TITLE 25. CIVIL PROCEDURE

CHAPTER 33. APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS

Part 2. Undertaking on Appeal -- Stay of Execution

Defective Undertaking

25-33-207. Defective undertaking. No appeal shall be dismissed for insufficiency of the undertaking thereon or for any defect or irregularity therein if a good and sufficient undertaking be filed in the district court at or before the hearing of the motion to dismiss the appeal, which undertaking must be approved by the district judge.

History: En. Sec. 1767, C. Civ. Proc. 1895; re-en. Sec. 7128, Rev. C. 1907; re-en. Sec. 9761, R.C.M. 1921; re-en. Sec. 9761, R.C.M. 1935; R.C.M. 1947, 93-7908.