Hardin v. Owings

OPINION of the Court, by

Ch. J. Edwards.

— This is a motion to dismiss the appeal, because the appeal [Jonq has not been properly executed. The facts are, that Thomas Deye Owiugs, the principal, acknowledged the bond in. the presence of a deputy clerk, and that Thomas Fletcher, the security, did not acknowledge it in the office or in the presence of any clerk, but only before Green Clay and Jilson Payne. The act of the ¡eg'lsiature ⅛ such cases made and provided, expressly reqUjres^ ;n (0i¡rfem yeri)is, that the bond should be executed in the office of the clerk of the inferior court, as a…