§ 25-1914.Appeal; cost bond; cash deposit; appellate proceedings; dismissal.

Section 25-1914 covers a separate bond from the supersedeas bond described later in the article — this one exists to guarantee payment of costs, not to stay the judgment. Within thirty days after entry of the judgment, decree, or final order being appealed, or within thirty days after the entry of an order overruling a motion for new trial, the appellant must either file in the district court a bond or undertaking of seventy-five dollars, approved by the clerk, conditioned on paying all costs adjudged against the appellant in the appellate court, or make a cash deposit with the clerk of at least seventy-five dollars for the same purpose. The requirement does not apply to an appeal taken under section 71-6904.

If the appellant has already executed a supersedeas bond, no separate cost bond is required — the supersedeas bond covers that ground as well. The clerk of the district court certifies, in the transcript sent to the appellate court, that the bond was given or the deposit made. Skipping this step carries a real consequence: the appellate court can dismiss the appeal on motion and notice if the record shows no bond was given and certified, unless the appellate court, for good cause shown, allows additional time to comply.