Pennsylvania Mortgage Investment Co. v. Gilbert

The opinion of the court was delivered by

Scott, C. J.

A motion to dismiss the appeal herein was made on the ground that the second appeal bond was not filed in time. Exception was taken "to the sufficiency *668of the sureties on the first hond. At the adjourned time set for hearing one of the sureties failed to attend; on the next day the judge certified as to the sufficiency of the other surety, and to the fact of the failure of one of them to appear. On the fifth day after making the certificate the appellant gave a new appeal hond. Respondent contends it was too late because there was no…