Magnolia Petroleum Co. v. Marks

PONDER, Jusice.

The appellees have moved to dismiss the appeal in this concursus proceeding on the ground that the appellants did not furnish an appeal bond.

The appellants timely petitioned the district court for an order fixing the appeal bond in an amount sufficient to cover the costs. The district judge took the position that a bond for costs was not necessary because the costs may be paid out of the deposited funds under the provisions of LSA-R.S. 13:4816. Thereupon the district judge executed an order granting a suspensive appeal without bond. The appellants timely prefected the appeal…