Pee v. Witt

The opinion of the court was delivered by

Johnston, C. J.:

An application to the probate court to require the probate of a will was denied. The petitioner undertook to appeal by giving a proper notice and making the required affidavit, but instead of giving a bond as the statute prescribes, making a cash deposit of $50, which the probate *172court approved. A transcript of the record of the proceedings was transmitted to the district .court, and there the attempted appeal was dismissed upon the ground that no bond had been given as required by the statute, and from that judgment an appeal has been…