Ex Parte Brown

In an action by Isaac Brown against Victoria Brown, a married woman, for an assault and battery, the plaintiff recovered a judgment for damages in the sum of $750.

The defendant filed her appeal to the Court of Appeals without giving a supersedeas bond, having made the required affidavit that she is unable to give such security.

On motion of the plaintiff, the Court of Appeals, following a dictum in the case of Ex parte Johns, 209 Ala. 638, 96 So. 888, dismissed the appeal for want of a bond.

In Ex parte Johns, supra, the appeal was from an order denying a motion for the enforcement of a decree…