
    [No. 13623.
    
      En Banc.
    
    October 24, 1916.]
    Sarah Elizabeth Gardner, Respondent, v. Minnie Alice Frederick et al., Appellants.1
    
    Motion to dismiss an appeal from a judgment of the superior court for Spokane county, Blake, J., entered March 16, 1916.
    Denied.
    
      Clyde H. Belknap and Fred M. Williams, for appellants.
    
      John M. Gleeson, for respondent.
   Per Curiam.

Plaintiff-respondent has moved to dismiss this appeal upon two grounds, (1) that the notice of appeal was not served upon the surety in a costs bond filed by plaintiff in the lower court; (2) that the appeal bond is not conditioned as required by the governing statute, Rem. 1915 Code, § 1722.

To meet the first ground, appellants have filed in this court a written waiver releasing the surety in the costs bond from all liability thereon. Under our recent decision in Roberts v. Pacific Telephone & Telegraph Co., ante p. 233, 160 Pac. 753, the motion on the first ground must be denied.

' We have examined the appeal bond and find that its conditions present a substantial compliance with the statutory requirements.

The motion is overruled.  