30 Ind. 100 | Ind. | 1868
The appellees commenced proceedings before the Board of Commissioners of Marion county, for the purpose of having a highway located through the grounds
The statute provides that the appeal shall be, upon the person aggrieved “filing a bond, with surety and penalty, to be approved by the auditor of such county.” 1 G. & H. 364, sec. 26. A bond without a surety does not, therefore, work an appeal. We cannot extend the language of the statute. Nor could the Circuit Court grant an appeal upon a proper bond being filed in that court. Where the law had been complied with, and a bond with surety and penalty filed, to the approval of the auditor, it may be that the Circuit Court might require additional and sufficient security; but this question is not before us for decision.
The judgment is affirmed, with costs.