Roberts v. Napier Bros.

55 S.E. 914, 126 Ga. 693, 1906 Ga. LEXIS 516

Opinion

Rise, C. J.

1. It is essential to the validity of an appeal in a justice’s court, not in forma pauperis, that the appellant give bond and security for the eventual condemnation-money. Civil Code, §§ 4140, 4458.

2. An instrument purporting to be an appeal bond, which is not signed by a surety, is fatally defective. Gordon v. Robertson, 26 Ga. 410; McMurria v. Powell, 120 Ga. 766, and cit.

Judgment affirmed.

All the Justices concur.