Ralston Purina Co. v. Pierce

LAWSON, Justice

(dissenting).

I entertain the view that the bond filed by the appellants in the office of the circuit clerk prior to submission here, although very inartificially drawn, is sufficient as a bond to secure costs of appeal and hence I cannot agree that the appeal in this case must be dismissed.

In the very early case of Henry v. Gamble, Minor 6, cited in the opinion of the court, appellee’s motion to dismiss the appeal was granted on the ground that no sum was named in the penal part of the bond.. The statute then extant provided “that either party may appeal from any final judgment…