Wells v. Blackman

In this case the plaintiffs’ petitory action having been dismissed, the judge of the lower court refused to fix the amount of the bond to be given by plaintiffs for a suspensive appeal, but left plaintiffs to furnish bond “according to law”; that is, to say in an amount exceeding by one-half the amount for which judgment was given. Code Prac. art. 575.

It is well settled that in such cases as this the amount of the appeal' bond must be fixed by the court. Day v. Wright & Bailey, 116 La. 961, 41 South. 223.

But the learned judge a quo answers that, taking advantage of Act No. 22, p. 25, of 1904,…