Northrup v. Sullivan

The opinion of the court was delivered by

McEnery, J.

The appellee has filed a motion to dismiss the appeal on the grounds:

1. That the appeal bond does not state that the surety thereon resided within the jurisdiction of the court which granted the appeal.

2. The condition in the bond is not such as the law reouires.

The matter of complaint on the first ground is for the consideration of the lower court. If the surety is not a resident within the jurisdiction of the court granting the appeal, the attention of the court should have been called to the fact.

As no objection was made to the…