Rosser v. Rosser

LIVINGSTON, Chief Justice.

This cause was submitted here on appeal on the merits and petition for writ of mandamus in the alternative, and on appellee’s motion to require appellant to give security for costs or in the alternative to dismiss the appeal.

The complainant in the court below is a married woman. The decree appealed from was rendered on June 4, 1953. A motion for rehearing was made within the thirty-day period, and denied on July 10, 1953. On July 20, 1953, complainant made the affidavit provided for in Sec. 799, Tit. 7, Code 1940, and claims by virtue thereof an appeal was taken to…