Smith v. Powell

An appeal was taken from the court of ordinary to the superior court, and the bond filed by the appellant was made payable to the ordinary and his successors in office. The court refused to allow the appeal bond to be amended by changing the obligee from the ordinary and his successors to the appellee (the security on the bond consenting in writing to the amendment), and dismissed the appeal; and exception is taken to this ruling. The Civil Code, § 44-66, provides that "in all cases in the court of ordinary, the party desiring to appeal, his attorney at law or in fact, shall pay all costs…