State ex rel. Menge v. Rightor

The opinion of the Court was delivered by

Beemudez, C. J.

This is an application for a prohibition. The relator complains that the district judge has rescinded an order for a suspensive appeal obtained by him on the ground that the surety in the bond furnished is not good and solvent, as the law requires.

The district judge returns, objecting that the present proceeding is not the proper one and that the surety is insufficient.

I

It is now a well-settled rule of practice that when a suspensive appeal is set aside by a lower court on the ground that the surety does not possess the qualifications…