Schoonmaker v. Schoonmaker

LAWSON, Justice.

The appeal is from a decree of the Circuit Court of Lee County, in Equity, overruling demurrer to a cross-bill.

Submission here was on appellee’s motion to dismiss the appeal and on the merits.

Motion to Dismiss

Appellee seeks the dismissal of the appeal on the ground that appellant failed to file proper security for costs within the time prescribed for the taking of the appeal.

The bond to secure costs of appeal which the register approved, although timely filed, was signed only by the appellant, who also deposited the sum of $50 with the register. There was no surety or…