Monte Investment Co. v. Derby

An unlawful detention action before a justice of the peace, on a complaint charging that “defendant entered into possession of the * * * premises without right or title.” Plaintiff had judgment for possession of the property involved and for costs.

Defendant, attempting to appeal to the county court, filed a bond conditioned that she would “prosecute her appeal with effect, and * * * pay whatever judgment may be rendered by the court upon dismissal or trial of said appeal.” Plaintiff, proceeding timely, moved to dismiss the appeal because defendant had “failed to comply with section 6388 of…