Donlan v. Cooke

At the threshold of the case we are met with the question of whether or not the appellant properly perfected his appeal,, and the point raised is that he did not put up an appeal bond which appellee insists is necessary under section 11440, Code, 1927, reading as follows:

“In appeals from justices’ courts or other inferior tribunals in civil causes, the appellant shall cause the case to be docketed by noon of the second day of the term to which the same is returnable, and, in case of his failure to do so, the appellee may procure the case to be docketed, and thereupon will be entitled to have…