McKenzie v. Neville

OPINION

By MONTGOMERY, J.

Notice of appeal on questions of law and fact was duly filed, from a decree of the Common Pleas Court, in an action equitable in character. The trial court had fixed the bond for appeal at $200. Appellants did not file a bond, but coincident with the filing of the notice of appeal, they deposited the sum of $200 in money with the clerk of the court.

There is now presented to us a motion to dismiss the appeal for the reason that no appeal bond was given.

Sec. 12223-6, GC, is in the following language:

“Except as provided in §12223-12, no appeal shall be effective as an…