Johnson, Daniels & Co. v. County of Polk

The appellee moves in each of these cases to docket and dismiss on the ground that no assignment of errors has been filed, and the further ground that appellant has not complied with Rule 21 which requires of the appellant a deposit of $15, or security by bond, or recognizance, for payment of the Clerk’s costs. There is in each transcript a formal assignment of errors, which counsel for appellee overlooked, doubtless because such assignments are ordinarily filed in civil cases separately from the transcript. This ground is therefore not tenable.

The authority of the court to make Rule 21 was…