Immanuel Presbyterian Church v. Riedy

On Motion to Dismiss.

The opinion of the court was delivered by

Nicholls, O. J.

Plaintiff has moved to dismiss the appeal taken in this case on the ground:

1. That no bond has been filed as required by the order of appeal of 30th June, 1899, and as required by law. C. P., 574 et seq.

*3162. Because the district judge had no jurisdiction or power in vacation and after the term at which the judgment was rendered by an ex parte motion out of court, and in vacation, to grant any order of appeal or fix the amount of the appeal bond as was attempted on 7th July, 1899, after the adjournment of the court for…