Tyler v. Phillips

Appellee moves to dismiss the suspensive appeal on the ground that “appellant has filed no legal bond for a suspensive appeal.” The order granting the appeals required that the amount of the bond for the suspensive appeal be fixed “according to law.”

The judgment appealed from was one of dismissal. It was not a judgment for a sum of money, and therefore the amount of the bond to be given in connection with the sus-pensive appeal should have been fixed by the judge who granted the order of appeal.

“The law fixes the amount of the bond for a suspensive appeal only where the judgment is for a sum…