State ex rel. Welch v. Deneen

Jones, Oliver B., J.

This case is heard on a motion to dismiss the appeal. Two grounds are urged: the first, that the appeal bond was filed September 29, 1915, the judgment having been entered June 29, 1915, — the bond having been filed more than thirty days after the judgment, Section 12226, General Code, was not complied with, and the appeal must therefore be dismissed.

The transcript filed with the papers herein shows that the appeal bond was given June 30, 1915, and *118then approved by the clerk in accordance with the statute, but it appears that the clerk failed to note the giving of this…