Colburn v. Seymour

This is a motion to dismiss the appeal on the ground that appellant has given no appeal bond which has been executed and approved according to law. The particular objections are that the bond filed was not approved by the clerk of the court, but by his deputy, and that the sureties did not sign the affidavit of justification.

i. The statute (Mills’ Ann. Code, §388) authorizes the allowance of an appeal, “provided, the party praying for such appeal shall, by himself, or agent, or attorney, give bond with a sufficient surety, to'be approved by the court from which the appeal is taken (or the…