¶1The appeal in this case must be dismissed. The bond is a security for such costs only as the appellee may sustain. If the judgment should be affirmed, the appellee certainly does not sustain all the costs. Therefore, in the event of an affirmance, there is no security for all the costs. — Hinson v. Preslor, 27 Ala. 643; Walker v. Hunter, at the last term.
34 Ala. 260
Barnett v. State
Decided June 15, 1859
Supreme Court of Alabama · decided 1859-06-15
Tried before the Hon. Robt. Dougherty. Ties was a motion, in the name of the State of Alabama, for the use of William Long, against Thomas H. Burch, late clerk of said circuit court of Russell county, and the sureties on his official bond, “for the failure of said Burch to pay over money collected by him on witness-certificates.” The court rendered judgment against all the defendants, for $38 85; from which judgment an appeal was sued out by William E. Barnett, one of the…
Relies on Hinson v. Preslor
Decided 1859-06-15