Denver & Rio Grande Railroad v. Paonia Ditch Co.

In the trial in the county court, where the action was begun, judgment went for defendant Railroad Company, whereupon plaintiff Ditch Company prayed an appeal to the district court, executed an appeal bond, which was approved, and lodged the transcript with the clerk of the district court. The defendant, appearing specially in the district court, moved to dismiss the appeal because the appeal bond was inadequate. Sec. 1537 R. S. 1908, 1086, 1 M. A. S., which is controlling, provides that upon an appeal from the county to the district court, if the judgment appealed from is against the party…