Succession of Hardesty

Tho opinion of the court was delivered by

DeBlano, J.

The counsel for Mrs. Hardesty, the appellee, have moved to dismiss tho appeal in this case, on the grounds:

First — That tho bond is insufficient in amount for a suspensive appeal, and was not filed in time.

Second — That no amount was fixed by the judge of tho lower court in his order of appeal.

This appeal is taken from a judgment homologating the final account of an executor. The judgment does not condemn appellants to pay any sum, and this is one of the classes of cases in which tho judge can and should fix the amount of the appeal bond. 10…