Ohio Hydrate & Supply Co. v. H. W. Underhill Construction Co.

*214The opinion of the court was delivered by

Burch, J.:

The question in this case is^the extent of authority of the district court to dismiss an action brought before it by a fatally defective appeal from a city court, which had jurisdiction of the parties and the subject matter.

Plaintiff sued defendant in the city court of Wichita for $900 due on account. Defendant answered by a counterclaim. ‘After a trial, judgment was rendered for plaintiff, and defendant undertook to appeal. The attempt was ineffectual for lack of bond, and the omission to give bond was not curable by amendment. (Auto Trunk…