Gericevich v. Bonham

The appellants paid the costs incurred in the court below and executed a bond for an appeal in the sum of one hundred dollars, as provided by section 28, Code 1930. The bond is defective in this, that it is signed by the principals, but not by a surety or sureties.

A motion by the appellee to dismiss the appeal for want of a proper appeal bond has been met by the appellants with a request to be permitted either to deposit with the clerk of this court the sum of one hundred dollars under the provisions of section 28, Code 1930, or to substitute a new appeal bond.

Under section 3375, Code 1930,…