37 Ala. 609 | Ala. | 1861
As-a motion 'has been made in this case to dismiss-the appeal,-for want of security for-eosts, we fee] bound to respond to it. ’ The appeal was taken • from the judgment of the circuit court, dismissing the -supersedeas. That judgment was rendered against J. L. Davis, and M. . J. Turnley, his surety ea the supersedeas bond-j the judg-ement being against both-of’them. M. J. Turnley is "the only surety for costs of-the-appeal to this court. Being 13 party to the judgment appealed from, 'the execution "by Mm of the obligation intended as a security for costs, is -not a compliance with section 3041 of the 'Code. -There is-no security for costs, and 'the*appeal-must be dismissed,
The-appeal, however, may be amended, or a"new appeái may be prosecuted, as two’years have not elapsed since the judgment appealed from was pronounced. We wall, therefore, dispose of the merits of-the-case.
Nor can we- perceive, by anything- -apparent:on this record, that the appellant has been materially injured by the judgment which the law pronounces on his acts. He claims a credit,, on. 18th October, 1853, of $180 59 ; he obtained a- credit, according to his own showing, of $180 .on the same account, hut-dated October 19th, 1853. He -claims a credit of $71 -63,.taxes paid; .he received a credit of $70.
Appeal dismissed.