Webster v. Wailes

Citations

• 35 Fla. 267

Syllabus

<p>APPELLATE PRACTICE — BOND IN APPEAL, BY WHOM EXECUTED WHEN DEPENDANT APPEALS.</p> <p>Under the provisions of section 3, page 840, McClellan’s Digest, where-the defendant took an appeal from a money judgment at law against him, and for the purpose of said appeal filed a bond,, with one or more sureties, in the amount, and conditioned as that statute provided, it was a sufficient compliance with the statute to effectuate an appeal, whether the defendant himself did or did not execute such bond. And where such a bond was so informally executed by the principal therein or defendant in the judgment appealed from as that such principal was not-, bound by said bond. Held, that, notwithstanding this, the sureties on said bond were bound thereby as upon a valid statutory appeal bond. Savannah, Florida & Western Ry. Co. vs. Clark, 23 Fla. 308, 2 South. Rep. 667, overruled,</p>