Page:North Dakota Reports (vol. 48).pdf/304

 The judgment appealed from is affirmed.

, C, J., and, , and , JJ., concur.

WILLIAM LANGER, Plaintiff, v. THE COURIER NEWS, a corporation, WM. LEMKE, GEORGE F. McPHERSON, and HERBERT E. GASTON, Defendants.

Appeal and error-application to supreme court for order fixing amount of supersedeas bond denied where similar application pending before district court.

1. An application to the Supreme Court for an order allowing and fixing a supersedeas bond on appeal from an order denying an application for a change of venue will be denied where it appears that a similar application is pending before the District Court, which has neither refused nor neglected to act.

Original application for an order fixing the amount and conditions of a supersedeas undertaking on appeal.

Denied.

Per Curiam Opinion.

Harry Lashkowitz, for motion.

W. S. Lauder, and A. G. Divet, contra.

PER CURIAM: This is an original application to this court for an order fixing the amount and conditions of a supersedeas undertaking on appeal. The facts, briefly stated, are:

This action was commenced in the District Court of Cass county. The defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The trial court