Martin v. Carroll

SIMPSON, Justice.

Submission was taken on appellees’ motion to dismiss the appeal and on appellant’s petition for writ of certiorari.

We hold the petition to be well taken and the motion to be without merit.

The motion to dismiss is grounded on the contention that no sufficient bond was filed with the register and approved by him within the time prescribed by the statute' to perfect the appeal. As we will show, this contention cannot be sustained.

The petition for certiorari is rested on the premise that a good and sufficient bond securing the costs of the appeal was filed with the register…