Wheeler v. Kuhns
Supreme Court of Colorado
Appeal from District Court of Pitkin County. This cause was originally brought in the county court. Judgment being there rendered in favor of the plaintiff, defendant prayed an appeal to the district court. The appeal was allowed under section 499 of the General Statutes. This section reads, inter alia, as follows: “Provided, * * * the party desiring such appeal shall * * * give good and sufficient bond, with one or more sureties to be approved,” etc.
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Appeal from District Court of Pitkin County. This cause was originally brought in the county court. Judgment being there rendered in favor of the plaintiff, defendant prayed an appeal to the district court. The appeal was allowed under section 499 of the General Statutes. This section reads, inter alia, as follows: “Provided, * * * the party desiring such appeal shall * * * give good and sufficient bond, with one or more sureties to be approved,” etc. The principal, Wheeler, did not execute the bond, nor did any one sign her name thereto as agent or attorney in fact; otherwise the bond filled…
1Opinion of the CourtHelm, J.
The judgment of the court below must be reversed. The statute regulating appeals from the county to the'district court undoubtedly requires that appellant *197shall he a party to the appeal bond, and execute the same as principal. The bond challenged in this case was therefore wholly insufficient.' But it appears that appellant attempted, in good faith, to give a sufficient bond, and thus to perfect her appeal. The instrument was approved and filed by the proper officer without objection, and within the time fixed by law. It was afterwards transmitted, with the other files in the case, to the…
2Cases cited7 opinions
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3Cited by12 opinions
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