Dorsey v. Dorsey

MERRILL, Justice.

This cause was submitted on motion to dismiss the appeal and on its merits.

Appellees filed a motion to dismiss the appeal because appellant did not give security for costs. Appellant made an affidavit in lieu of bond on appeal stating that she was unable to give security on appeal and that she, as a married woman, was so entitled under Code 1940, Title 7, section 799. Appellee contends that the decree of the lower court, which is controlling until reversed, holds that she is not married to appellee. This latter contention is correct, hut the basis of this whole proceeding is…