Sligh v. Shelton Southwestern Railroad

The opinion of the court was delivered by

Scott, C. J.

Respondents move to dismiss the appeal herein on three grounds, one of which is that at the time this appeal was taken a prior notice of appeal had been given. It appears that the appeal was not perfected under the first notice, and, although the second notice was served and an appeal perfected thereunder without a formal order of dismissal of the first attempted appeal, we are of the opinion that it was well taken.

It is further contended that the appeal bond was insufficient because in their justification the sureties did not state that…