South Dakota Supreme Court January 24, 1925, File No. 5608 (First State Bank v. O'Leary)

GATES, J.

This is a motion to dismiss the appeal to. this court, for that, when exception was filed to the sufficiency of the sureties on the undertaking on appeal, the sureties justified before a justice of the peace of a county other than that in which the action was pending. Section 3164, Rev.