Cummins v. Scott

The respondent moves to dismiss the appeal, on the ground that the undertaking on appeal was not filed within five days after the service and filing of the notice of appeal, as required by Sec. 348 of the Practice Act. The notice of appeal was served and filed February 24th, 1863, and the undertaking was filed March 11th. The record shows, however, that a matter of justification of sureties, on the appeal bond, was heard before the County Judge, on the eleventh day of March, at which a new bond was presented, and approved by the Judge. It states, that “ both parties being pres^ ent, by them…