Harrell v. Gondolf

ON MOTION TO DISMISS

WESTERFIELD, J.

plaintiff moved to dismiss in tlie lower court upon the ground of insufficiency in the appeal hond. The court refused to dismiss defendant’s appeal and plaintiff took a devolutive appeal from this judgment. Plaintiff’s devolutive appeal was argued in this court with the merits of the case by consent of counsel.

The judgment appealed from was for the sum of $1000.00 and the appeal bond furnished by defendant, which was attacked hy plaintiff as insufficient, is in the sum of $1500.00. The alleged deficiency in the bond is due to the failure of defendant to…