Cuny v. Dudley

The dismissal of this appeal is asked on the affidavit of the counsel for the plaintiff and appellee, who attests, that the appellant has executed the judgment appealed from ; that she is a married woman, and was so at the time she obtained the ap*78peal, and was not assisted by her husband, or authorized by the Judge in obtaining said appeal, and is not bound by the bond which she executed without his authoritj.

It is true, that she paid the costs in the court below; but her appeal is devolutive only, and the clerk might have compelled her, by an execution, to pay the costs.

It is not denied,…