Johnson v. Clark

On Motion to Dismiss.

The opinion of the court was delivered by

Manning, C. J.

Final judgment having been rendered against defend*763ants for §859, a devolutive appeal was prayed and granted, which the plaintiff moves to dismiss on the following grounds:

First — That the- suspensive appeal heretofore taken by the defendants having been dismissed for want of a legal bond, they are not entitled to another appeal.

Second — -That the judgment of the lower court has been voluntarily executed by the appellants, the writ of fieri facias having been satisfied by them by payment before seizure.

Third — That the…