Ex parte Sweeney

By the Court.

The petition of the clerk asks us to decide whether the filing of a bond is essential to the effectiveness of an appeal in term. We adjudge that the filing of a bond is an essential step in perfecting a term appeal, and that where a bond is not filed within the time limited by the order granting the appeal, the appeal must be upon notice. This doctrine has been asserted in many unreported decisions, made upon motions, and is declared in Holloran v. Midland R. W. Co., 129 Ind. 274. See, also, 2 Works Pr. Sec. 1090; June v. Payne, 107 Ind. 307; Goodwin v. Fox, 120 U. S. 775; Webber…