McGHEE, Justice.
The controversy before us arose from appellant's appeal from another case in which he was a defendant in the Small Claims Court. After judgment was rendered against appellant in that case he filed an appeal to the District Court and under the provisions of section 16-5-12, 1953 N.M.S.A., applied for a court proceedings bond to be issued by the appellee here, Royal Indemnity Company, to secure the costs of that appeal.
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