Estep v. DeGarmo

By JUDGE ELLIOTT MARSHALL

In this case the appellant noted his appeal from the judgment of the Trial Justice and, within the required time, posted appeal bond for $50.00 and delivered a personal check of E. E. Miller in that amount to the Trial Justice. The Clerk of the Trial Justice issued an official receipt for the $50.00 for "appeal bond."

It is apparently conceded that the appeal bond was deficient. Therefore, the only question in the case is whether or not the delivery of the check constituted performance of the requirements of Sec. 16-80 of the Virginia Code.

In my opinion the deposit of…