The Greenlaw Lumber and Timber Company v. Chambers

[No. 6113.] The Greenlaw Lumber and Timber Company v. Chambers. Appellate Practice — Statutory Construction — Appeal Bond — No Approval. Where an appeal bond bears no indorsement of approval and the record shows no such order, an appeal will be dismissed as not being in compliance with Mills’ Ann. Code, § 388, providing that, in appeals to the supreme court, such bond must be approved by the trial court, or by the clerk thereof when the order of appeal so directs. — P. 111. Appeal from the County Court of La Plata County. Hon. Chas. A. Pike, Judge. On Motion to Dismiss. Action by H. W. Chambers against The Green-law Lumber and Timber Company. From a judgment for plaintiff, defendant appeals. Motion made in this court to dismiss upon the ground that the appeal bond was never approved below. Appeal dismissed, and case ordered docketed on writ of error. Messrs. Pulliam & Lane and Mr. D. B. Carey, for appellant. Mr. P. G. Ellis and Mr. I. B. Melville, for appellee. [MAJORITY] Opinion per Curiam, Department 3: The appellee moves to dismiss the appeal upon tbe ground that the appeal bond filed was never approved by the clerk of the county court, as required by the order granting the appeal, and as provided by the Code of Civil Procedure (Mills’ Ann. Code, §388). Tbe original appeal bond is included in tbe transcript. Tbe bond bears no indorsement of approval, nor does tbe record disclose an order of approval. Tbe appeal therefore must be dismissed. Tbe appeal will be dismissed, witb directions to tbe clerk to enter tbe cause as pending on writ of error, without costs. Dismissed.