Tinley v. Frederick

Speakman, J.,

delivering the opinion of the Court:

The only objection raised in the Court by the plaintiff below to the regularity of the appeal is that the execution of the appeal bond by the surety was an act not within its express or implied powers, and therefore it was an ultra vires act and as a consequence is of no effect.

A duly certified transcript of all the docket entries in the case below was filed in this Court within the statutory time. The transcript filed by an appellant gives to this Court cognizance of the case, and is intended to show that the case comes within the original…