Russell v. Senior

This was an appeal taken from a survey under the provisions of section 5955, R. S. 1881. Trial had and a resurvey ordered. There was a resurvey, and the resurvey approved by the court. Within one year from the date of the judgment of the court approving the survey, the appellants filed a bond for costs, and moved the court for a new trial as of right, under section 1064, R. S. 1881, which motion was overruled, and exceptions reserved, and appellants prosecute this appeal and assign as error the overruling of the motion for new trial.

It is contended by counsel for appellants thát the survey…