Where a party prays an appeal from the county court, but does not file the papers, and afterwards moves for a writ of error and files a transcript of the record, the court refused, upon the motion of the other party, to dismiss the appeal, saying that they had nothing before them, and that there was no remedy in such case but to sue on the appeal bond.
The Court refused to dismiss the appeal: saying they had nothing before them, and that there was no remedy in case the appeal was not brought up but to sue the appeal bond.
NOTE. — As to the manner in which appeals from the county to the Superior Court were afterwards carried up, and the remedy provided for the appellee in case the appellant did not carry up his appeal within the time prescribed by law, see 1, Rev. Stat., ch. 4, secs. 3, 4, 5, and 6.
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