13 Ariz. 258
Decided April 2, 1910
Arizona Supreme Court · decided 1910-04-02
<p>Appeal and Errors — Bond—Justification—Statutory Provisions— Failure to Comply — Dismissal.—Civil Code-1901, paragraph 1516,, providing that a bond on appeal shall be of no effect, unless accompanied by an affidavit of justification of eaeh of the sureties, etc., is mandatory, and where the sureties did not justify in accordance therewith, or at all, the appellate court acquired no jurisdiction.</p>
Cited by 1 later decisions — most recently May 1913
1 state decisions
Relies on McDonald v. Ellis
Good law ✅— No negative treatment on recordhow we know
Appeal dismissed · Decided 1910-04-02
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¶1This ease must be dismissed, for the reason that the sureties upon the appeal bond have not justified in accordance with the requirements of paragraph 1516 of the Revised Statutes of 1901, or at all. This statute is mandatory. This court has, therefore, acquired no jurisdiction. McDonald v. Ellis, 4 Ariz. 189, 36 Pac. 37.
¶2The appeal is dismissed.
¶3CAMPBELL, J., not sitting.