Shepherd v. Dodd

Appeal from an order of the Board of Commissioners vacating a highway. The record states that the commissioners granted an appeal, upon bond being filed, in the sum of <$100, with Israel loring, security.

The bond was delivered to the auditor, as required by the commissioners; he filed it, and made out the transcript for the appeal, &c. In the Circuit Court a motion was made, and sustained, to dismiss the appeal, for the reason that the appeal bond was not taken and approved by the auditor, as the statute requires, but by the commissioners. Immediately afterward the appellant moved for leave…