In re the Estate of Drasdo
In re the Estate of Drasdo
Opinion of the Court
This is an appeal from an order of the superior court allowing to William Hickman Moore, as special administrator of the estate of Paul Drasdo, deceased, the sum of $1,000 as fees for his services as such special administrator, together with certain other minor sums, allowed in the order to be paid to other persons than the special administrator, and which he is directed to pay. The executors of the will of the deceased are prosecuting the appeal. The respondent moves to dismiss the appeal on the ground, among others, that the appellants did not furnish an appeal bond as required by law. A bond was given in the sum of $500, which purports to stay proceedings. Respondent contends that the appeal is from an order which is a judgment for the recovery
Reference
- Full Case Name
- In the Matter of the Estate of Paul Drasdo
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Appeal — Dismissal — Bond — Supersedeas — Order Fixing Amount — Necessity. Upon an appeal from an order other than a judgment for the recovery of money, the amount of a bond to effect a stay of proceedings must be fixed by the court, and a bond given both as an appeal and supersedeas bond in the sum of $500, without any order of court fixing the amount, is insufficient to give jurisdiction of the appeal, and the appeal must he dismissed.