Surety Finance Co. v. Prinz

— This action was instituted by a payee to recover a balance claimed to be due on a promissory note. The trial of the cause to the court' resulted in findings and judgment in favor of the defendants on their cross-complaint. The judgment was rendered February 4, 1932. On March 8, 1932, written notice of appeal from that judgment and a copy of super-sedeas and appeal bond were served by plaintiff on counsel for defendants. The notice of appeal and the bond were filed in the office of the clerk of the superior court on March 18, 1932.

The appeal bond was not filed in the office of the clerk of…