Mercantile Adjustment Agency v. Fabacher

ON MOTION TO DISMISS APPEAL.

CLAIBORNE, J.

Judgment having been rendered on February 23, 1928, against the defendant, Edward B. Fabacher, he has appealed.

The plaintiff and appellee then took a rule in the trial court upon the appellant Fabacher to dismiss his appeal upon the ground that the surety on the appeal bond did not possess the qualifications required by law.

On April’ 10th the rule was made absolute and defendant’s appeal was dismissed.

On April 20, 1928, the defendant-appellant obtained a suspensive appeal from said judgment dismissing his appeal.

In this Court, on May 2, 1928, the…