Cooper v. Maclin's Heirs

G-OLDTITWAITE, J. —

-In this case, the judgment in the court below was rendered in favor of the appellees, who were infants suing by their nest friend, Elizabeth Spencer. The appeal was taken by the defendant, who gave bond payable to the plaintiffs in the judgment, the name of the nest friend not appearing in the bond; and a motion is now made to dismiss the appeal on this ground. By section 3016 of the Code, the right of appeal on a final judgment is secured to either party ; and by section 3018, it is provided, that the appeal shall not operate as a supersedeas, unless bond be given in…