Hamilton v. Dabbs

HAMITER, Justice.

Plaintiff (appellee) has moved to dismiss the instant appeal of defendant, the motion being predicated on the contention that a previous appeal was taken and abandoned by appellant.

From the record it appears that on June 9, 1949, defendant secured an order for a suspensive appeal from a judgment theretofore rendered against him, and on the same day he .furnished the required bond. However, the transcript under that order and bond (the appeal was returnable here July 15, 1949) was never filed in this court.

On November 17, 1949, from the same judgment, defendant applied for and…