Ross v. Greenwald

Plaintiff brought action in the justice court of Hardin town- • ship and recovered a money judgment. Defendant appealed to the district court. In lieu of an appeal bond defendant deposited with the justice of the peace a cashier’s cheek (considered by both parties as cash) in the amount of the judgment, including costs. Transcript and the deposit were transmitted by the justice of the peace to the clerk of the district court. Plaintiff filed a motion to dismiss that appeal for want of an appeal bond and because of an inadequate cash deposit. The motion was sustained • and the appeal…