
    Roberts v. Napier Brothers.
    Submitted July 18,
    Decided November 12, 1906.
    Certiorari. Before Judge Felton. Bibb superior court. January 3, 1906.
    
      John B. Cooper, for plaintiff in error. B. L. Anderson, contra.
   Rise, C. J.

1. It is essential to the validity of an appeal in a justice’s court, not in forma pauperis, that the appellant give bond and security for the eventual condemnation-money. Civil Code, §§ 4140, 4458.

2. An instrument purporting to be an appeal bond, which is not signed by a surety, is fatally defective. Gordon v. Robertson, 26 Ga. 410; McMurria v. Powell, 120 Ga. 766, and cit.

Judgment affirmed.

All the Justices concur.  