Murphy v. Steele

The appellant sued the appellee before a justice of the peace, where there was judgment for appellee, from which appellant appealed to the circuit court. The justice of the peace approved a bond executed by the appellant alone and filed the original papers and a transcript of his proceedings in the office of the clerk of the circuit court.

In the circuit court, the defendant moved to dismiss the appeal, on the ground that there was no sufficient appeal bond on file. Pending this motion, the plaintiff tendered to the court for its acceptance an appeal bond, regular in all respects and with…