Barrier v. Kelly
| Decision Date | 17 November 1902 |
| Court | Mississippi Supreme Court |
| Parties | BUFORD J. BARRIER v. ISHAM M. KELLY |
October, 1902
FROM the chancery court of Yazoo county. HON. HENRY C. CONN, Chancellor.
Barrier, would-be appellant, was complainant in the court below, and Kelly was defendant there. From the decree mentioned in the opinion of the court Barrier sought an appeal to the supreme court.
Appeal dismissed.
C. H. Williams and W. W. Lockard, for appellant.
Barnett & Perrin, for appellee.
We cannot take cognizance of this appeal because it has no warrant of law. The same order sustains a demurrer to the bill, gives sixty days to amend it, and yet allows an appeal to "settle the principles of the case." Non constat but appellant would conclude to amend. He may have done so, for aught we know, since June 20th, the date of the decree.
In order that a decree may be appealed from, it must be final as to its subject.
Appeal dismissed.
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Blum v. Planters' Bank & Trust Co. of Opelousas
... ... afforded, is final. Also see Humphreys v ... Stafford, 71 Miss. 135, 13 So. 865; Barrier ... v. Kelly, 81 Miss. 266, 32 So. 999; and ... Griffith's Miss. Chancery Practice, p. 683, section 609 ... In the instant case, every issue was ... ...
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Buckingham v. Jones
... ... 1924, chap. 151, sec. 17; Armstrong et al. v. Moore, ... 112 Miss. 511, 73 So. 566; Clay County v. Chickasaw ... County, 63 Miss. 289; Barrier v. Kelly, 81 Miss. 166, 32 ... Statutes ... limiting time for appeals are both mandatory and ... jurisdictional and must be strictly ... ...
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Maxey v. Goolsby
...Norris case, the decree not only sustains the demurrer but grants an appeal to settle the principles of the cause. The case of Barrier v. Kelly, 81 Miss. 266, cited relied on by the court, has no such application to this appeal as the case of Norris v. Barnett, above cited. The Barrier v. K......
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Gulf & S.I.R. Co. v. Williams
...and therefore that the rights of appellant in that case were measured solely by section 33 of the Code of 1906. In Barrier v. Kelly, 81 Miss. 266, 32 So. 999, Judge CALHOUN, in dismissing the appeal, "In order that a decree may be appealed from, it must be final as to its subject." We are c......