McClara v. Snow

This appeal grows out of an action for the partition of real estate. The appellees have appeared specially and filed their motion to dismiss this appeal for the reason that a% the time the court overruled the motion for new trial the court did not fix the penalty of the appeal bond and did not at any time approve an appeal bond in which a penalty was fixed.

The trial court on April 5, 1939 overruled the motion for new trial to which ruling the appellant herein excepted and the record discloses that the appellant “now prays an appeal from the judgment herein to the Appellate Court of the State…