
    *MYGATT v. INGHAM.
    Appeal quashed — bond filed in blank for the condition, not good — admission of surety cannot make it good.
    To perfect an appeal a bond conditioned as the law directs must be filed within thirty days after the close of judgment term of the court below; no agreement of the parties or of securities can supply the place of such bond.
    Where a bond with penal part written out, and with blank paper above the seal, was filed to perfect an appeal, and a condition written afterwards and after the expiration of the thirty days allowed for the appeal, held that said instrument does not appeal the cause, even though the security appear in court and admit the obligation of the bond.
    Appeal from the Court of Common Pleas.
    
      Wilcox, for the appellee,
    moved to quash the appeal in this case, because no legal bond has been given on the appeal.
    
      O. Parish, contra,
    contended that the bond was valid.
   BY THE COURT.

It is agreed that the appellant in this case within the time prescribed by law, entered into a single bill or bond of an amount more than double the judgment below. Afterwards, and before this court, the condition, now annexed to the bond, was written within a blank space left above the signature and seal. The law requires an appeal bond, conditioned as prescribed, to be executed and filed within thirty days after the judgment. No bond with such condition was filed in this case within that time. But the obligor of this bond, who is now here in court, admits that this bond shall bind him. This admission cannot affect the question. It is a compliance with the law alone that makes a valid appeal, not the agreement of parties, much less that of strangers.

The appeal is quashed, being improvidently entered.  