Anson, Bangs & Co. v. Blue Ridge Railroad Co. - 64 U.S. 1 (1859)
U.S. Supreme Court
Anson, Bangs & Co. v. Blue Ridge Railroad Co., 64 U.S. 23 How. 1 1 (1859)
Anson, Bangs & Co. v. Blue Ridge Railroad Company
64 U.S. (23 How.) 1
Where a motion was made to dismiss an appeal upon the ground that no appeal bond had been given, time was allowed the appellants within which to file the bond. If they complied with the order, the appeal was to stand; otherwise to be dismissed.
The appeal bond must be taken and approved by any judge or justice authorized to allow the appeal or writ of error.
A motion was made by Mr. Phillips, on behalf of the appellees, to dismiss the appeal upon the ground that no appeal bond was given at the time of granting the appeal, as required by the statute, either as a security for costs or supersedeas of execution.
Mr. Johnson opposed the motion and offered to give a bond for costs, and thus prevent the dismissal, if consistent with the practice of the court.