
    RICHTER, Respondent, v. EAGLE LIFE ASSOCIATION, Appellant.
    [No. 1545.]
    
      On Motion to Dismiss Appeals.
    
    [Submitted July 23, 1900.
    Decided July 24, 1900.]
    
      Appeal and Error — Order After Judgment — Kotice — Time for Appeal— Undertaking — Two Appeals — Sufficiency.
    
      1. An appeal from an order made and entered on January stli denying a motion to vacate a judgment will be dismissed, where notice thereof was not served until March 10th, since such appeal was not taken within 60 days from the making and entry of the order, as required by Code Civ. Proc., Section 1723.
    
      2. An undertaking, in the sum of $300, on appeals from a judgment and an order made thereafter, denying a motion to vacate the same, conditioned for the payment of damages and costs of the appeal, without specifying to which appeal it applies, is insufficient.
    
      Appeals from District Court, Lewis and Clarhe County; Henry C. Smith, Judge.
    
    Action by Jennie Richter, individually and as guardian of Harry Richter and Florence Richter, miners, against the Eagle Life Association. From a judgment in favor of the plaintiff, and from an order denying a motion to vacate fhe same, defendant appeals.
    Appeals dismissed.
    
      Mr. E. D. Weed, for Appellant.
    
      Mr. JR. JR. Purcell, for Respondant.
   PER CURIAM.

— The plaintiff recovered a judgment by default against the defendant for the sum of $2,445, together with costs, which judgment was entered on the 28th day of June, 1899. On the 8th day of January, 1900, the court below made and caused to be entered an order denying the defendant’s motion to vacate and set aside the judgment. On the 10th day of March, 1900, the defendant filed and served its notice of appeal from the judgment and from the order of January 8th; and on the 13th day of March, 1900, it filed an undertaking, in which the sureties, after reciting that the defendant is about to appeal to this court from the judgment and from the order, undertake and promise on the part of the defendant that it will pay all damages and costs which may be awarded against it on the appeal or on a dismissal thereof, not exceeding the sum of $300.

The plaintiff now moves to dismiss the attempted appeal from the order of January 8th upon the ground that it was not taken within 60 days after the entry of the order. The motion will be granted. Section 1723 of the Code of Civil Procedure provides, among other things, that an appeal may be taken from any special order made after final judgment within 60 days after the order is made and entered in the minutes of the court or filed with the clerk. More than 60 days elapsed between the entry of the order and the giving of the notice of appeal therefrom.

The plaintiff moves that the attempted appeal from the judgment be also dismissed for the reason that the undertaking is void. The supposed appeals are from a judgment and a special order made thereafter, other than an order granting or refusing a new trial; the undertaking is in the sum of $300, and is conditional for the payment of the damages and costs of the appeal, without specifying to which of the appeals the undertaking applies. Upon the authority of Creek v. Bozeman Waterworks Co., 22 Mont., 327, 56 Pac. 362; Murphy v. Nor. Pac. Railway Co., 22 Mont. 577, 57 Pac. 278; and Washoe Copper Co. v. Hickey, 23 Mont., 319, 58 Pac. 866, the principles of which are approved and reaffirmed, the motion must be granted.

The appeals are therefore dismissed.

Dismissed.  