Oregon Supreme Court December 15, 1877 (Alberson v. Mahaffey)

By the Court, Shattuck, J.:

The undertaking on appeal is defective. There is no affidavit of the surety as to his qualifications, ánd no recital or averment whatever of his qualifications. This case is within that of Holcomb v. Teal, 4 Or. 352, which requires the affidavits of the sureties in an undertaking on appeal to be filed contemporaneously with the filing of the undertaking.