Dillingham v. Eslinger

1. A wife cannot legally sign as security an appeal bond given by her husband, and where she does so sign, and there is no other security on the bond, the appeal is a nullity and the bond cannot be amended by the addition or substitution of another security, and the appeal should be dismissed on motion. Section 5707 of the Civil Code (1910), which provides that an appeal bond may be amended, and new security given if necessary, refers only to cases where the security is lawful but merely inadequate. Benson v. Shines, 107 Ga. 406 (2), 407 (2) (33 S. E. 439), and citations; Chapple v. Tucker,…