Swofford Brothers Dry Goods Co. v. Livingston

ON REHEARING.

This is a suit upon a bond executed for the purposes of an appeal. Judgment was rendered for the defendants upon the complaint, answer and replication. The following is what those pleadings show: The judgment from which the appeal was attempted was a judgment against the defendants annulling certain chattel mortgages and directing an accounting. The defendants, thinking to secure a reversal in the supreme court, prayed an appeal. The district court allowed the appeal, fixed a time for giving the bond, and approved the bond when it was given. The defendants attempted to prosecute…