Minton ex rel. Smith v. Ozias
Supreme Court of Iowa
Appeal from Buchanan District Court. — Hon. Franklin C. Platt, Judge. On the ninth day of August, 1899, the plaintiff recovered, in justice' court, a judgment against defendants who, two days later, filed a paper in the form of an appeal bond, signed by themselves only, which the justice ap1 proved. A transcript was filed with the clerk of the district court, and, on September 19, 1899, plaintiff moved to dismiss the appeal.
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Appeal from Buchanan District Court. — Hon. Franklin C. Platt, Judge. On the ninth day of August, 1899, the plaintiff recovered, in justice' court, a judgment against defendants who, two days later, filed a paper in the form of an appeal bond, signed by themselves only, which the justice ap1 proved. A transcript was filed with the clerk of the district court, and, on September 19, 1899, plaintiff moved to dismiss the appeal. Thereupon defendants asked leave to file a new bond, with sureties to be approved by the clerk of the district court. This was denied, and they then tendered a bond, with…
1Opinion of the Court
Ladd, J.-
*150 2
*149An appeal bond without sureties adds nothing to the obligation of the appellant to pay any judgment rendered against him. He is liable for that without bond. For this reason, in the absence of statute expressly requiring the bond to be signed by the appellant, omission •of his signature thereto will not affect its validity. 1 Enc. PI. & Prae. 9T3, and cases collected. The statute contemplates security additional to what the appellee had or will *150have in the judgment. Hudson v. Smith, 111 Iowa, 411. The appeal is not perfected by notice (Bond v. Davis, 37 Iowa, 163), nor the filing…
2Cases cited8 opinions
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