Hall v. Overland Knight Sales Co.

Woods, President:

This action had its inception before a justice of Monongalia county. The defendant, who took an appeal to the circuit court, now prosecutes this writ from a judgment of said court striking the appeal bond from the record and dismissing the appeal as improvidently awarded.

The record does not purport to set out all the evidence as to the sufficiency of the bond in question; hence this Court will presume, in view of the action of the lower court therein, that the bond was insufficient in form, as there was no contention that the security was doubtful. Admitting this to be the…