Walker v. Aetna Casualty & Surety Co.

On April 9, 1938, plaintiff recovered a judgment for $300 and costs against defendant before T. R. Brooks, justice of the peace. Defendant prayed and was granted an appeal to the circuit court, and duly executed its appeal bond hut neglected to provide any sureties thereon. At the following June term of the circuit court plaintiff made a motion to dismiss the appeal because of the defendant’s failure to execute a bond with surety, as provided by statute. Thereupon the court, upon motion, permitted defendant to amend the bond by adding a sufficient surety. The court thereafter heard the case,…