Opinion
No. 35,657.
January 31, 1952.
On motion of defendants for dismissal of an appeal by plaintiff from an order of the district court for Dakota county, William C. Christianson, Judge, this court, by Per Curiam opinion of January 18, 1952, granted the motion for dismissal of the appeal unless, within ten days after service upon plaintiff's counsel of notice of the filing of said decision, plaintiff furnish a supersedeas bond in the sum of $2,500 to be approved by this court.
A. M. Joyce and Drill Drill, for appellant.
Grannis Grannis, for respondents.
On January 31, 1952, the following order was filed:
Upon petition for reconsideration of the Per Curiam opinion filed herein on January 18, 1952,
IT IS ORDERED That said Per Curiam opinion be and it is hereby withdrawn and the following order substituted in its place:
IT IS ORDERED That the clerk of this court accept and file the $250 cost bond on appeal signed by Agnes L. Caskey as principal and American Casualty Company of Reading, Pennsylvania, as surety, dated January 24, 1952; and
IT IS FURTHER ORDERED That the motion to dismiss the appeal herein be and it is hereby denied.