Magerus v. Doss

DANNER, j.

The defendant in error recovered judgment for possession of real estate in a court of justice of the peace in her action against the plaintiffs in error in forcible entry and detainer. The district court, on appeal, sustained the plaintiff’s motion to dismiss the appeal for the reason that the appeal bond was not filed with the justice of the peace within the time provided for by law. The correctness of the order of dismissal is the issue here.

Judgment was entered in the justice court on February 14, 1939. On the 23rd day of the same month the defendants filed what was purported to…