Jones v. Frellsen

A motion to dismiss this appeal has been made on two grounds: First, that the appeal could not be granted below on a motion made in open court, as this could be done only during the term at which the cause was tried. Second, that the appeal bond is irregular, and insufficient to operate as a suspensive appeal, which was alone prayed for and granted, below.

I. By consent of the parties, this case was decided by the district judge in chambers, out of term time, and the application for an appeal was made in open court during the following term, about three months afterwards. But the appeal was *186not…