Boykin v. O'Hara

The judgment of the court was pronounced by

Siideul, J.

The appeal in this case is devolutive. It was granted upon motion in open court, and, by consent of parties, made returnable on the first Monday of January, 1851. The transcript was filed on the 20th of January, 1851; and on the 25th of January, an application was made in writing by O'Hara for the dismissal of the appeal. The first ground of the application is, that Lang and Lisette are not legally before this court, because no appeal bond in their favor was given by the appellant. Lang was the surety on the injunction bond, and was…