Supreme Court of Florida, 1886

Montgomery v. Knox

Supreme Court of Florida · Decided June 15, 1886 · Raney

22 Fla. 575

Cases that cite this one

1 later published case cites this decision.

Scott v. Milton & Blackshear (Fla. 1890)

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Opinion of the Court

Mr. Justice Raney

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$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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.