Clara lies contends in the Supreme Court that Sec. 10496 GC. being the section granting the right of appeal and error from Probate Court to Common Pleas in the eight counties enumerated in Sec. 10494 GC. is unconstitutional and in contravention of Art. II, Sec. 26 and Art. IV, Sec. 4 of the Ohio constitution.

Also that the failure to file an appeal bond in taking a divorce action from probate to common pleas court is sufficient ground for the dismissal of the appeal.