Bernard v. Boggs

In taking his appeal, the appellant in this case has followed the practice prescribed by the Revised Statutes. The conditions of the appeal bond prescribed by section 41 of the Practice Act (R. S. 513), show that an appeal by a party in whose favor a judgment or decree is rendered, was not contemplated by the statute. The condition that the appellant shall pay the judgment, costs, interest and damages, in case the judgment shall be affirmed, can only apply where the party, against whom the judgment is rendered, is the appellant.

A party, in whose favor a judgment is rendered, cannot appeal…