Naum v. Naum

The first issue which we shall discuss is whether the filing of a certified check signed by the defendant’s attorney and drawn on the firm of which the attorney is a member, in lieu of a bond, by the defendant John Naum upon his taking an appeal from the Court’s decree affirming the probate of the will of Philip Naum was a substantial compliance with RSA 567:3. The section reads as follows: “The person appealing shall give bond, with sufficient sureties, to prosecute his appeal with effect, and to pay all such costs as shall be awarded against him by the superior court.” It is true as the…