Same v. Same

On the 10th day of January, 1883, the will of one Annie Wallace, deceased, was admitted to probate in the county court of Douglas county, the defendant being the executor. On the 16th of that month, the plaintiffs herein filed a bond in said court for an appeal to the district.' *294court, which bond was duly approved. A transcript was duly filed in the district court on the 5th day of February following. At the next term of the district court, the attorney for the defendant filed a motion to dismiss the appeal for the following reasons: -,1st. That no such bond for an appeal was given herein as…