433.56 Appeals.
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433.56 Appeals.
Sec. 6.
An appeal may be taken by either party who shall have appeared and contested in the proceeding to the circuit court for the county, and the jurisdiction, powers, and duties of circuit courts, to hear and determine such appeals, and the proceedings therein shall be applicable to appeals under this act, so far as the same can be applied and are consistent with this act. But such appeal can only be taken from the finding or determination that cause exists or does not exist for the sale aforesaid; and such appeal when made by the claimant shall not be effectual for any purpose unless the bond required on appeals to the circuit court contains a clause that in case the finding or determination shall be affirmed, the claimant will pay all such sums as the court shall determine and adjudge for the costs, penalties, and allowances, so as aforesaid authorized to be made.
In case of appeal by a claimant as aforesaid, and after the approval by the district or municipal court of such bond, the judge shall forthwith direct the sale not to be had, and shall order the animal to be delivered to the appellant, if it shall appear to him or her that the appellant is the owner, or is entitled to the possession thereof.
History: 1879, Act 248, Eff. Aug. 30, 1879 ;-- How. 3073 ;-- CL 1897, 5618 ;-- CL 1915, 7298 ;-- CL 1929, 9052 ;-- CL 1948, 433.56 ;-- Am. 1991, Act 142, Imd. Eff. Nov. 25, 1991