Denver & Rio Grande Railroad v. Duffey

This action was instituted by the defendant in error before a Justice of the Peace. Upon appeal to the County Court he moved to dismiss the appeal for the reason that no appeal bond had been given, the purported bond filed and approved not being signed by the defendant, but by its surety only. This motion was granted and the action dismissed without giving the defendant an opportunity to furnish a good bond.

In this the trial court erred. In such cases, section 3853 Pev. Stats., 1908, gives to the defendant a reasonable time within which to file a good and sufficient bond.

Schofield v. Felt, 10…