Thorsen v. Illinois Central Railroad Co.
| Decision Date | 06 November 1916 |
| Citation | 72 So. 879,112 Miss. 139 |
| Court | Mississippi Supreme Court |
| Parties | THORSEN v. ILLINOIS CENTRAL RAILROAD COMPANY |
October, 1916
APPEAL from the circuit court of Montgomery county, HON. J. A. TEAT, Judge.
Suit by W. A. Thorsen against the Illinois Central Railroad Company. From a judgment for the defendant, plaintiff appeals motion to dismiss; appeal overruled and appellant given time within which to file a bond in a penalty of not less than five hundred dollars and upon his failure to do so the case to be dismissed. The facts are stated in the opinion of the court.
Cause dismissed.
J. H. Price, for appellant.
Mayes, Wells, May & Sanders, for appellee.
The bond here in question is not a nullity, but is simply defective because the penalty thereof is too small, so that, under section 92, Code 1906, appellant has the right to file a new one. The case of Wofford v. Williams, 109 Miss. 847, 69 So. 819, has no application. The trouble in that case was that the paper filed with the clerk below had not been approved by him.
The motion will be overruled, and appellant given fifteen days within which to file a bond in a penalty of not less than five hundred dollars; and, upon his failure so to do, the cause will stand dismissed.
Dismissed.
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