¶1It appears, that before the bond was executed, the clerk told the appellant he would receive the securities in it. The bond was executed in time, and handed to the clerk. He laid it away without opening till after the 30 days had expired. We think this not very material. The law requires the clerk to approve the securities, not that the bond shall be executed before him ; he did approve the security in this cause. Motion overruled.
1 Wright 95
Sutton v. McCoy
Decided September 15, 1832
Ohio Supreme Court · decided 1832-09-15
<p>Appeal bond — approbation of the clerk — filing.</p> <p>The security in an appeal bond is required to be approved by the clerk, but the bond need not be executed before him.</p> <p>If the clerk express his approbation of a security, and he execute an appeal bond, which is given to the clerk, within the thirty days, it perfects the appeal, though it was sealed up and so laid away.</p>
Decided 1832-09-15