JAMES W. DENNIS, JR., administrator of the estate of JAMES W. DENNIS, SR., et al., Appellants, v. CHARLOTTE DENNIS-WALKER, MARIS DENNIS, et al., Appellees.

MOTION TO DISMISS APPEAL. Argued April 13, 1970. Decided June 2, 1970. 1. The failure to submit an affidavit of the sureties on an appeal bond, setting forth certification of the matter required by the Civil Procedure Law, L. 1963-64, ch. III, � 6302, renders the appeal bond defective and the appeal subject to dismissal. Civil Procedure Law, L. 1963-64, ch. III, � 5108. Appellants neglected to comply with the provisions of the Civil Procedure Law, L. 1963-64, ch. III, � 6302, requiring an affidavit to accompany the appeal bond, setting forth the certification by the sureties on the bond of the matter demanded in the statute. A motion brought to dismiss the appeal was, therefore, granted. Nete-Sie Brownell for appellants. Representation for appellees not shown. MR. JUSTICE ROBERTS delivered the opinion of the Court. A motion was brought to dismiss the appeal, contending the failure on appellants’ part to comply with the Civil Procedure Law, L. 1963-64, ch. III, � 6302, requiring the sureties on an appeal bond to execute an affidavit, certifying the matter therein required, and submitting such affidavit with the bond. It is manifest that there has been a failure to comply with the statute, for no affidavit accompanies the bond. The appeal bond is, therefore, defective and the appeal rendered defective thereby. Civil Procedure Law, L. 1963-64, ch. III, � 51o8. 75 76 LIBERIAN LAW REPORTS In view of the foregoing the motion is granted and the appeal is hereby dismissed, with costs against appellants. And the Clerk of this Court is ordered to send a mandate to the lower court, directing it to resume jurisdiction and enforce its judgment in the case. And it is so ordered. Motion granted, appeal dismissed.