Summerton v. Maloy

FUNK, PJ.

The sole question before this court is whether or not the Common Pleas Court erred in not permitting plaintiff to amend the appeal bond and in dismissing the appeal.

Whether or not it is necessary for a party to sign the appeal bond under the wording *186of said Sec. 1579-532, it is not necessary to decide in this case, as we are clearly of the opinion that plaintiff was entitled to amend the bond if defective under the provisions of G. C. Sec. 11363, and that the Common Pleas Court erred in overruling plaintiff’s motion for leave to amend the bond and in sustaining the motion to dismiss…