Carter v. Levy

HERGET, Judge.

On May 9, 1963 Mildred S. Carter, plaintiff-appellee, filed a motion to dismiss the suspensive appeal of Fred Levy, defendant-appellant, on the ground appellant failed to timely file the appeal bond or pay the costs due within the period established by statute.

On May 1, 1963, the return date fixed for the appeal, Fred Levy, appellant, paid the costs and executed an appeal bond depositing in cash sufficient funds to cover same with the Clerk of the Nineteenth Judicial District Court. On the same date, May 1, 1963, appellant lodged with the Clerk of this Court the record and…