Robinson v. Brinson

Appellees move to dismiss the appeal because of an alleged defect in the bond. The condition stipulates that “ if the said Robertson shall prosecute his said suit with effect in the Supreme Court, or perform the judgment, sentence or decree of the Supreme Court, in case the decision of said Court shall be against appellant.” The word “ or” is used instead of the word “ and,” as prescribed in the statute. It cannot be perceived that the meaning of the condition is thereby altered. Indeed the appellant cannot “ prosecute his appeal with effect” and at the same time “ perform the judgment,…