Widow & Heirs of Beaird v. Russ

On Motion to Dismiss.

The opinion of the court was delivered by

Marr, J.

Defendant, appellee, moves to dismiss, on the ground' that the appeal-bond is for a smaller-amount than that fixed by the-district court in granting the appeal.

Where the judgment is for a sum of money, the law fixes the-amount of the bond to be given for a suspensive appeal by the party condemned. C. P. article 575. In all other cases, whether the appeal be suspensive or devolutive, it is the province of the judge to fix the amount. C. P. 574, 57C, 578.

In this case plaintiff moved for a devolutive appeal, and, in the order…