Higgins v. Fuller

MABRY, Justice.

This case arises upon the motion of appellee (defendant below) to dismiss the appeal of appellant (plaintiff below) for failure to give supersedeas bond in the sum of $500 ordered by the trial court at the time of granting the appeal .herein. The statute in question, 1941 Comp. sec. 19-1006, provides : “Where an appeal is taken or a writ of error sued out, from a judgment Or decree of any district court involving the title to or possession of real or personal property, the trial court shall fix the amount of the supersedeas bond, if supersedeas is granted, for such sum as will…