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RALSTON PURINA COMPANY v. PIERCE

8 Div. 845.

90 So.2d 922 (1956)

RALSTON PURINA COMPANY, d/b/a Check-R-Board Feed Stores, et al. v. Hurley PIERCE.

Supreme Court of Alabama.

Rehearing Denied December 13, 1956.

Attorney(s) appearing for the Case

H. H. Conway, Albertville, and Scruggs & Scruggs, Guntersville, for appellants on appeal; Martin & Blakey and Wm. J. Ward, Birmingham, for appellants on application for rehearing.

Clark E. Johnson, Jr., Albertville, for appellee.

PER CURIAM.

Appellants having lost their case and suffered judgment for $2,500 and costs in the court below, undertook to execute a supersedeas bond as provided by Section 793, Title 7, Code 1940, rather than security for costs only as provided by Section 792, Title 7, Code 1940.

Approximately eighteen days before the cause was submitted here, the appellee filed in this court a written motion to dismiss the appeal for want of proper security for costs. This...

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