Williams v. Williams
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Motion for new appeal bond, and in default thereof to dismiss appeal.
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Appeal from the District Court of Arapahoe County. Motion for new appeal bond, and in default thereof to dismiss appeal. The provision of the code referred to in the opinion is as follows: “Sec. 388. Appeals to the supreme court from the district, county and superior courts shall be allowed, * * * provided, The part}' praying for such appeal shall by himself, or agent, or attorney, give bond with a sufficient surety, to be approved by the court from which the appeal is taken (or the clerk thereof, when the order granting such appeal may so direct) and file in the office of the clerk of the…
1Opinion of the CourtJustice Elliott
Appellee moves for an order requiring appellant to give a new appeal bond on the ground that the sole surety on the original bond has become insolvent so that the bond is no longer adequate security for the judgment appealed from; and asks that in default of giving such further bond the appeal be dismissed. The motion is supported by affidavits setting forth facts showing that the surety has become insolvent since the original bond was accepted. The affidavits are not controverted.
Counsel for appellant contend that this court is powerless to require a further bond as a condition to the…
2Cases cited1 opinion
- Ruschaupt v. CarpenterIndiana Supreme Court · 1878
3Cited by3 opinions
- Pershing v. WolfeColorado Court of Appeals · 1896
- Pershing v. WolfeColorado Court of Appeals · 1896
- Wall v. WoodsIdaho Supreme Court · 1925