Zapp v. Michaelis

Gould, Chief Justice.

— The motion to dismiss, filed on the fifth day of the assignment, presents three objections to the appeal bond.

*3961st. It is claimed that the judgment is for the recovery of land, and that the bond should have been conditioned for the payment of cost. R. S., art. 1405.

2d. It is claimed that the bond is not properly conditioned, under art. 1404, in that it fails to bind appellant to perform the sentence, judgment and decree of the supreme court.

3d. The bond, it is said, fails to describe the judgment.

The judgment was, that plaintiff Michaelis recover of defendant Zapp a…