Majority
p. 750Fred E. Fonda, Appellant, v. Junius A. Carter, Respondent. Submitted July 8, 1955; decided July 8, 1955.
p. 751
Morris Simon for motion.
George F. Gurley opposed.
Motion to dismiss appeal (1) insofar as it is based upon appellant’s failure to file an undertaking, granted, with costs and $10 costs of motion, unless within fifteen days appellant serves and files the required undertaking on appeal and pays $10 costs, in which events motion denied; (2) insofar as it is based upon appellant’s failure to serve and file the record on appeal, denied, without costs, upon the ground that rules I and VI of the Rules of the Court of Appeals prescribe the proper remedy.