
    Thomson and O’Neal v. Evans.
    Dismissed, Oct. 12th, 1819.
    i. Appeal Bond — Where to Be Given. — Where an appeal is taken in Court, the appeal bond can not legally he given in the Clerk’s office.
    In this case, an appeal being taken from a Judgment of the Superior Court of Mo-nongalia County,, it was granted by that Court, “upon the appellant’s entering into bond with good security conditioned as the law directs, in the Clerk’s Office, within thirty days;” which bond was accordingly given ; but this Court dismissed the appeal, on the ground that the bond, being given not in open Court but in the Clerk’s Office, was illegal.
    
      
       Appeal Bond — When to Be Given. — In Morris v. Deshazo, 4 Rand. 461, Judge Green, delivering the opinion, of the court said: "The appeal in this case, from the county to the superior court, was improvidently allowed, upon the condition that the appellant should give bond and security in the clerk’s office within thirty days; and which was accordingly given after the adjournment of the court. An appeal from a judgment in a court of law cannot be allowed upon such terms, as has been decided in Thomson v. TSvans, 6 2Iunf: 397; although appeals from decisions in the superior courts of chancery may be allowed, upon such a condition. Stealy v. Jackson, 1 Rand. 413.” See further, mon-ographic note on “Appeal and Error” appended to Hillv. Salem, etc., Turnpike Co., 1 Rob. 263.
      Appellate Practice — Dismissal of Appeal — Costs.— In Ayres v. Lewellin, 3 Leigh 617, Tucker, P., in his dissenting opinion, cites the principal case as a case in which costs were refused where an appeal was improvidently' allowed. See further, mon-ographic Motion “Costs” appended to Jones V. Tatum, 19 Gratt, 720.
    
     