460 SULLIVAN V. SMITH. [191 • SULLIVAN V. SMITH.: ° 4-3994.. Opinion . delivered October .21, 1935. APPEAL'AND ERROR—STIPULATION FOR JUDGMENT ABSOLUTE.—An appeal . from an order• setting-aside in adVerse judgment and granting a new trial will 'be dismissed where . appellant.failed to file a stipulation that if such order was affirmed, judgmeht absoluté.Should rendered against him. ] a• . Appeal from P6inSett -Circuit' -Court ; U. E. K8ck, Judge . ; appeal dismissed..•• C. T. Caipenter, for' Appellant. Arihui- L. Addliis, fOr • • Hv*I)HREr y s, J. This is an uppeal:from, a judgment rendered in the circuit court of Poinsett Couiity.• of , the 17th day- of December, 1934, setting aside .a judgment for $5,000. rendered against ° appellee -herein in favor of appellant herein at the former term of . said Court • for injuries received by:him in the operation of • aa autoniobile while in her • employment and while engaged in the, performance of his. duties of' an employee and granting her a new trial in the:original suit.. • • In taking - this appeal, appellant herein failed to file a stipulation oh -his• part to; the effect that if Me order of the circuit Court be affirmed, judgment absolute shall be rendered by this CoUrt against him:- A part of the second subdiVision of § .2129 of Crawford & Moses' Digest reads as follo*s : • . •
•nk.] 461 "But no appeal to the Supreme Court from -an order granting a new trial, in a case Made or bill of exceptions shall be effectual for any purpose, unless the notice of appeal contains, an assent on the .part of appellant that, if the order be affirmed, judgment absolute shall be rendered against the appellant:" The , order setting aside the original judgMenf and granting 'aPpellee • a new trial cannot be appealed from unless the appellant assents that, if the order be affirmed, judgment absolute shall be rendered against him. No such , assent appears in this appeal. A compliance with thfs staiute is ' a jurisdictional reqpirement 'and a failure to comply with it, necessarily works a: dismissal of the aPpeal. Côrnvack V. Missoari State Lifelnsurance Company; . 186 Ark..g 98, 57' S: W. (2d) 403, and cases cited therein. • The appeal is 'dismissed, 'the effect ot which is to leave the original case pending in the circuit court for a new trial. * • 1.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.