Cuddelback v. Parks

Opinion 1>¶

KjNNey, J.

This was an action of forcible' entry and detainer, brought before a justice of the peace, in which the defendant in error recovered judgment. The plaintiffs in error having appealed' the case to the district court, the appeal was dismissed for the reason that the appellants had not filed a bond as was required by the statute.

The ruling of the court that the plaintiffs in error could not amend, and the dismissal of the* appeal, is the alleged error.

The instrument purporting to be a bond, is in due form*, except that it is not under seal, and! for this- reason the-court…