COURTS — Rules — Costs on Appeal — Cash Deposit. The district court of the territory of Oklahoma has no power to impose a rule requiring that a party appealing a cause from the justice of the peace court to the district court shall deposit with the clerk of the district court $5.00 for costs of the clerk, and that a failure to do so within a designated time after the transcript of the trial court is deposited with the clerk shall be ground for the dismissal of the appeal.
(Syllabus by the Court.)
WILLIAMS, C. J. (after stating the facts as above).
On authority of the case of Goodwin et al. v. Bickford, ante, p 91, 93 P. 548 (decided at the present term of this court), this cause is reversed and remanded, with instructions that the order of the trial court in dismissing the appeal be set aside, and the same be reinstated.
All the Justices concur.