ANSON, BANGS, & CO.,
v.
THE BLUE RIDGE RAILROAD COMPANY
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The Supreme Court addressed a motion to dismiss an appeal by the Blue Ridge Railroad Company on the ground that no appeal bond had been filed as required by statute. The Court held that while no bond was initially given, the appellant could be allowed sixty days to file the required bond with the clerk, and if complied with, the motion to dismiss would be denied; otherwise, the motion would be granted.
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After argument by these two counsel.
Mr. Justice NELSON delivered the opinion of the court.
This is a motion to dismiss the appeal, on the part of the appellee, 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. 1 Btat. at Large, pages 84, 85, secs. 22, 23, p. 404.
It is admitted that no bond was given, but the counsel resisting the motion proposes to give one for the costs, and thus prevent the dismissal, if consistent-with the practice of the court. The practice has been allowed in several cases, as will be seen by reference to 10 Wh. R., 311, 16 How., 148, and 9 Wh., 555. In the last ease, time was granted within which to give the bond, or the case be dismissed. The bond may be taken and approved, before any judge or justice authorized .to allow the appeal or writ of error. Let the appellant have sixty days to give the bond, and file it with the clerk, upon complying with which order the motion be dismissed; otherwise, granted.
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O'Reilly v. Edrington, 96 U.S. 724 (U.S. 1877)
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Peugh v. Davis, 110 U.S. 227 (U.S. 1884)…the case last cited: “ It could have been given here, and cases have been brought here where no bond' was approved by the court below, and the court has permitted the appellant to give bond in this court.” Anson Bangs & Co. v. Blue Ridge Railroad, 23 How. 1; Brobst v. Brobst, 2 Wall. 96; Seymour v. Free, 5 Wall. 822, are cases of that character. And in The Dos Hermanos, 10 Wheat. 306, Avhere an appeal was prayed within the five years’ limitation, and was actually allowed by the court within that period…