Yost v. Conroy

*473On Petition foe a Rehearing.

Elliott, J.

It is insisted that we did not in the original opinion consider the appellee’s assignment of cross errors, and so far as the fact that we did not consider them is concerned counsel are correct, but in stating that we were bound to consider them counsel are in error. This we say, because the record does not present the questions on which the assignment of cross errors is based. A motion to dismiss an appeal from a judgment of the board of commissioners because of the insufficiency of the appeal bond is not in the record unless carried into it by a bill of…