Posey v. Aiken

HUNTER, Associate Justice.

At the October term of the District Court, 1896, an order was made requiring appellants (then paintiffs below) to give a new cost bond, the surety on the one then on file having been found by the court to be insolvent. The case was continued under this order until the next (April) term of court.

On the second day of the following term of the court, appellee (defendant below) made a motion to dismiss the cause because of the noncompliance with the rule on the part of appellant, by failing to file a new bond, on or before the first day of the term. In answer to this…