Per Curiam.
The sole question before the court at this time arises on the motion of James B. Clow & Sons, Inc., plaintiff, an appellee herein, to dismiss the appeal of Legg & Davis, a partnership, defendant, appellant herein, for failure to file an appeal bond.
On September 29, 1961, the court below fixed the appeal bond at $5,000 and on the same date appellant filed notice of appeal on questions of law and fact.
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