Montgomery v. Knox
This text of 22 Fla. 575 (Montgomery v. Knox) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the court:
The appellee moves to dismiss the appeal on the ground that the appeal bond is insufficient in the amount of the penalty. This amount is $7,500. The judgment is for [576]*576$7,000 damages and for $202.83 costs. The statute, (§2, p. 446, of Thompson’s Digest,) provides that the amount or penalty of the bond shall be “ sufficient to cover the amount for which judgment has been given * * together with costs.” The remainder of the section relates to the condition of the bond. The penalty is upwards of $297 in excess of the amount for which judgment, including the costs, “ has been given,” and is consequently in a larger sum than the statute requires, and is sufficient.
The motion is denied.
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22 Fla. 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-knox-fla-1886.