Staub v. Williams

Decided September 15, 1878

Tennessee Supreme Court · decided 1878-09-15

<p>PRACTICE. Appeal to the Supreme Court. Character of bond necessary. Where the bond given upon appeal is not such as is required by law in the particular case, although authorized by the order of the court below, as where the bond is for costs only when it should be for debt, damages and costs,, the appeal will be dismissed on motion, unless a sufficient bond is given in a reasonable time.</p>

Cited by 1 later decisions — most recently February 1909

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1878-09-15

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Cooper, J.,

¶1delivered the opinion of the court.

¶2By the Code, secs. 3162-3164, where decrees are for a specific sum of money against a party in his own *37right, or founded on bonds, notes, etc., for the payment, the bond required upon appeal to this court shall be for the debt, damages and costs. 'The decrees rendered below in this case were on notes of hand, but the appeal was granted by the Chancellor upon the appellants, the defendants, giving bond for costs only, and bond was given accordingly. It is clear that the case is iiot properly in this court, and ought strictly to be dismissed on motion. But the practice of the court has been to enter an order that ♦the appeal stand dismissed, and the cause be stricken from the docket, unless a proper bond be given within a reasonable time.

¶3The usual order may be made in this case.