Walker v. Harris

GARDNER, Justice.

The appeal was taken within the time allowed by law (thirty days) from the decree sustaining demurrer to complainant’s bill. Complainant is a married woman and filed an affidavit for the appeal without security for costs, as provided in section 6138, Code of 1923.

Upon submission of the cause, no motion to dismiss the appeal was submitted or other objection interposed by appellee to the prosecution of the appeal without giving security for the costs. But some time subsequent to the submission of the cause here appellee filed a motion to dismiss the-appeal upon this ground,…