Brown v. Oliver

SIMPSON, Justice.

This cause was submitted on the motion of appellee to dismiss the appeal and on the merits. It is unnecessary to state the merits of the case since we view the motion as well taken.

Ground of the motion to dismiss the appeal is that security for costs of the appeal has not been given as required by law.

Section 792, Title 7, Code 1940, as pertinent, provides:

“An appeal may be taken without giving bond to supersede the execution of the judgment or decree, by the appellant giving security for costs of such appeal, to be approved by the ■ clerk, register, or judge of probate; if!…