Floreth v. Totsch

ON MOTION FOR REHEARING.

A motion for rehearing has been filed by plaintiffs (respondents) in which, along with other matters, they question the propriety of our directing the lower court to dismiss their appeal from the judgment of the justice without first affording them a reasonable opportunity, after our mandate goes down, to file a bond in a sum sufficient to secure the payment of the judgment and the costs of the appeal to the lower court.

We are not to be understood as having held that the lower court did not derive and acquire jurisdiction over the appeal, even though the purported…