
    ULERY’S EXECUTOR v. ULERY.
    Appeal quashed — bond—executor.
    v An executor or administrator who has given bond in this state for the performance of his dui ties, may appeal from the Common Pleas to the Supreme Court without appeal bond.
    Appeal from the Common Pleas by the plaintiff, an executor. No bail was given by him as executor, nor on the appeal.
    McNutt, for the defendant,
    moved to quash the appeal. .
    
      Crane, for the plaintiff.
   By the Court.

No appeal has been taken in this case, and the cause must be struck from the 'docket. The act of Assembly (29 O. L. 242) allows executors or administrators, who have given bond for the performance of their duties, to appeal from the Common Pleas to this court, without giving bail on the appeal. All other persons appealing are required by law to give an appeal bond. The plaintiff is not within the exception to the common rule, and could not appeal without bond. Cause struck off the docket.  