Scott v. Kimerling

The plaintiff sued the. defendants on open account in the District Court of Jefferson County. A default judgment was taken by plaintiff against defendants.

Thereafter, the defendants sought to appeal to the Circuit Court of Jefferson County. In its “Notice of Appeal” from the district court to the circuit court the defendants demanded a trial by jury and also stated the following: “I refuse to post any bond or pay any money to enjoy my right to trial by jury.”

The plaintiff filed in the circuit court a motion to dismiss defendants’ appeal for failure of defendants to “post” bond for costs or…