Naghten v. His Wife

On Motion to Dismiss.

The opinion of the court was delivered by

Wateins, J.

Counsel for the defendant as appellee moves for the dismissal of the plaintiff’s appeal, on the ground that the bond for a suspensive appeal was not filed within the delay required by law — there being no order, in the alternative, for a devolutive appeal.

The suit is one of divorce, and plaintiff is appellant from an interlocutory decree making defendant’s rule for alimony absolute. It was signed on the 10th of January, 1896, and the order of appeal was granted on the 26th of February. 1896 — the appeal bond being filed…