Waldmier v. Dycus

ON REHEARING ON MOTION TO DISMISS.

I To maintain an appeal as suspensive the appeal bond must exceed by one half the amount of the judgment appealed from. '

2. Where, however, the amount of the appeal bond is too small to maintain the appeal as suspensive, but is for the amount fixed by the Judge, the appeal will be maintained as devolutive, but a subsequent order for a devolutive appeal fixin'g the amount of the bond and a compliance therewith by the appellant cannot have a retroactive effect nor cure defects in the prior appeal.

Former opinion and decree adhered to and the suspensive appeal is…