MAMADE DARAME, Appellant, v. WEST AFRICA TRADING CORPORATION, by and through its manager, HABIB NASR, Appellee.

MOTION TO DISMISS APPEAL. Argued April 13, 1970. Decided June 12, 1970. 1. When the affidavit of the sureties to the appeal bond does not accompany the bond, the appeal bond is defective. L. 1963-4, ch. III, Civil Procedure Law, � 6302. A motion was brought to dismiss the appeal, the appeal bond not being accompanied by the sureties affidavit. Motion granted, appeal dismissed. The Peter Amos George Jack H. Willis for appellee. MR. JUSTICE Court. ROBERTS law firm for appellant. delivered the opinion of the Appellee has moved to dismiss the appeal herein, on the ground that the appeal bond has been rendered defective in that no affidavit executed by the sureties thereon accompanies the bond, as required under our Civil Procedure Law, L. 1963-64, ch. III, � 6302. It is evident that no affidavit of the sureties has been submitted with the appeal bond; therefore, the bond is defective and the appeal dismissed, pursuant to the Civil Procedure Law, L. 1963-64, ch. III, � 5108, governing those acts necessary for the proper completion of appeal procedure. And the Clerk of this Court is hereby ordered to send a mandate to the lower court, informing it of this judgment and directing it to resume jurisdiction over the case and enforce its judgment, with costs against appellant. It is hereby so ordered. Motion granted, appeal dismissed. 74