Edwards v. Marin

*568On MotioN to Dismiss.

Ludeling, C. J.

A motion to dismiss this appeal has been made on the ground that a suspensive appeal having been granted and the amount of the bond fixed in the order of appeal, and said bond having been given and set aside on account of the worthlessness of the security, and there being nothing of record to show the inability of appellant to give bond for a suspensive appeal, ho can not afterward take a devolutive appeal.

The proposition is, that if one obtains an order for a suspensive appeal and fails to complete it and to prosecute it he can not' afterward take a…