Wall v. Woods

BUDGE, J.,

Dissenting. — Respondent made application to this court for an order requiring the appellant to furnish a new surety on a supersedeas bond filed by him on appeal from a judgment entered against him in the district court of the eleventh judicial district, on the ground that since the giving of such bond one of the sureties thereon had disposed of his property and is now insolvent.

The question as to the power of this court to require an appellant to furnish a new supersedeas bond as prayed for in respondent’s application has not heretofore been presented to or passed upon by this…