Graziani v. Elder & Walters Equipment Co.

PONDER, Justice.

The defendant moves to dismiss the plaintiff’s appeal on the ground that the bond fixed by the trial judge for a suspensive appeal was not filed within ten days from the date the judgment was signed.

The plaintiff brought suit 'against the defendant seeking to recover a money judgment. On trial, the lower court gave judgment rejecting the plaintiff’s demands. The judgment was signed in open court on January 10, 1945.

On January 17, 1945, the lower court executed an order granting the plaintiff a suspensive appeal returnable to thi,s Court on March 12, 1945, upon his furnishing…