State ex rel. Simonds v. Judge of the Fifth Court ( 1880 )

White, J.

We think the action of the lower judge was correct. Whatever may have been the right of Mrs. Simonds to an appeal from the judgment dismissing her claim upon a bond for costs, she could not upon such bond sustain the appeal from the entire judgment so as to suspend its execution between the original parties. The return of the judge to the rule shews that no money was deposited in court.

Writs refused.