Graham v. Green

OPINION

By LEVINE, J.

The sole question presented to us on the motion to dismiss appeal is the ground set forth in the motion, namely, that the appellant failed to file an appeal bond as required by §12223-6, GC.

It is contended by defendant, appellee, that the appellant having chosen to appeal on questions of law and fact he thereby became obligated under the statute to file an appeal bond and that the failure to file such appeal bond nullifies the notice of appeal; in other words that no appeal whatsoever was perfected to this court.

The plaintiff, appellant, refers this court to §12223-22, GC,…