James B. Clow & Sons, Inc. v. Western Casualty & Surety Co.

The sole question before the court at this time arises on the motion of James B. Clow & Sons, Inc., plaintiff, an appellee herein, to dismiss the appeal of Legg & Davis, a partnership, defendant, appellant herein, for failure to file an appeal bond.

On September 29, 1961, the court below fixed the appeal bond at $5,000 and on the same date appellant filed notice of appeal on questions of law and fact.

We have been unable to find any indication in the record that appellant has furnished such bond or any part thereof and, on February 14, 1962, plaintiff filed the motion to dismiss the appeal, the…