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SPARKS v. WAKEFIELD

No. 467.

395 P.2d 271 (1964)

Robert J. SPARKS, d/b/a Arctic Leasing, Appellant, v. Chester W. WAKEFIELD and Howard Golliheair, d/b/a Fourth Avenue Garage, Appellees.

Supreme Court of Alaska.

September 11, 1964.

Attorney(s) appearing for the Case

John M. Savage, Clark & Savage, Anchorage, for appellant.

Hugh G. Wade, Wade & Conway, Anchorage, for appellees.

Before NESBETT, C.J., and DIMOND and AREND, Justices.

DIMOND, Justice.

Appellant contends that the superior court erred in ordering dismissal of his appeal from the magistrate court for failure to comply with the provisions of Magistrate Civil Rule 13 pertaining to the filing of a cost bond on appeal.1

Appellant had filed a cost bond, but it was late. The bond was due to be filed no later than August 17, 1963, which was 30 days after entry of the magistrate court's judgment. The bond...

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