McSweeney v. J. Blank & Co.

Citations

• 107 La. 292

Syllabus

<p>Syllabus.</p> <p>1. An appeal bond, executed lor the amount fixed by the court, is good for a devolutive appeal, even if insufficient for a suspensive appeal.</p> <p>2. Objections to an appeal bond urged in a motion to dismiss the appeal should be specific; those relating to the competency and solvency of the sureties should be made and disposed of in the lower court.</p> <p>3. Where an appeal is taken by and in the name of a commercial firm, there is no necessity for the names of the individual partners to be given in the ■ bond. Who they are, appears in the record.</p> <p>4. If an appeal bond be couched in language such as will enable the appellee to enforce it in manner and form, and to the extent the law directs, the appellee has no occasion to complain. Judicial bonds are tested by the law directing them to be taken. That which is superadded must be rejected, and that which is omitted supplied.</p>