
    Rootes v. Holliday and Welch.
    Saturday, Dec. 17th, 1814.
    i. Appeal Bond — Sufficiency.—An appeal bond, executed by a surety only, without any principal obligor, is insufficient.
    See Key. Code, 1st yol. ch. 66, sect. 58.
    
      
      Appeal Bond. — See monographic note on “Appeals” appended to Hill v. Salem, etc., Turnpike Co., 1 Rob. 263.
      Appeals — Dismissal—Costs—Wherever an appeal is dismissed as improvidently allowed, or a supersedeas quashed as Improvidently allowed, the court "has always refused to give costs to the party prevailing. Ayres v. Lewellin, 3 Leigh 617, citing principal case.
    
   In this case, the appeal was dismissed, (on motion of the appellees,) on the ground that the appeal bond, being executed by the surety only, without any principal obligor, was insufficient to authorize the appeal, which, therefore, was improvidently allowed.  