Section 535.110 RSMo. 1978 is substantially the same as § 535.110 RSMo. 1969. Our Supreme Court has held that the filing of a bond under § 535.110 RSMo. 1969 is not jurisdictional. Rice v. Lucas, 560 S.W.2d 850 (Mo. banc 1978). The court said, “the tenant can appeal the adverse judgment of the magistrate court and have the cause decided in circuit court without posting bond. The appeal itself, however, would not stay execution of the judgment. If the tenant desired to remain in possession while the cause was on appeal in circuit court, then the bond requirement of sec. 535.110 RSMo. 1969, would have to be met so as to stay execution.” Id. at 858.