Clemens v. Testard

<p>ON MOTION TO DISMISS.</p> <p>When a motion to dismiss fails to comply with the rules of this Court, it will not be taken up in limine, but the motion will be considered when the case is heard on the merits.</p> <p>'1. “The Court of the first instance, after an appeal has been taken, still has jurisdiction to pass upon the question of the illegality of the bond, and no appeal lies from an order of a District Judge decreeing the amount of a suspensive appeal bond to be too small, dismissing the appeal and ordering an execution to issue.”</p> <p>2. The questions of fact involved in this case are resolved in favor of the plaintiff.</p> <p>Issues of fact alone are involved herein, and upon reconsideration of the case our previous opinion and decree is adhered to.</p>