Manier v. Lindsey

JUDGE ROBERTSON

delivered the opinion oe the court:

On granting the appeal to the circuit court the required bond was executed and approved, but, in consequence of blanks, was fatally defective. The Code, by section 753, provides for a new and sufficient bond in such a case; and, in expounding and applying that section, this court, in the case of Adams vs. Settles, 2 Duvall, 77, decided that, “if a party desiring to appeal attempts, in good faith, to execute a bond, and does in fact execute, with security, such bond as is prepared by the clerk, and it is defective, *95he should be allowed to…