Turner v. Wickliffe

Opinion of the Court by

Chief Justice Hobson

On motion to dismiss appeal with damages.

Section 749 of tbe Code regulating supersedeas on appeals to this court is as follows:

“Tbe bond must be executed before tbe clerk of tbe court rendering tbe judgment if tbe appeal be granted by that court. In other cases it must be executed before the clerk of tbe Court of Appeals.

“Tbe clerk of tbe court rendering tbe judgment shall issue tbe supersedeas if tbe bond be executed before him before tbe expiration of the time for filing a copy of tbe record in tbe clerk’s office of tbe Court of Appeals, pursuant…