Surget v. Stanton

In each of these cases a motion has been made by appellee to dismiss the appeal on various grounds.

The first is, (hat no sum has been fixed by the order of court as to the amount of the bond to be given for the appeal. It was not necessary to fix a sum. The appeals are suspensive, and the law fixes the amount of the bond. Code of *319Practice, Article 575. The requirement of the Article 574, relied upon by appellee, that the Judge shall state the amount of the surety to he given by appellant, refers entirely to devolutive appeals. Duperrou v. Van Winkle, 1 Rob., 324.

The second gvound is, that the…