Turner v. Simmons
| Decision Date | 20 March 1911 |
| Citation | 54 So. 658,99 Miss. 28 |
| Court | Mississippi Supreme Court |
| Parties | JOHN H. TURNER v. MARY SIMMONS |
October, 1910
APPEAL from the chancery court of Newton county, HON. SAM WHITMAN, Jr., Chancellor.
Bill by Mary Simmons against John H. Turner. From a decree overruling a demurrer to the bill, defendant appeals.
The facts are fully stated in the opinion of the court.
Appeal dimissed.
Foy & Banks, for appellant.
W.I. Munn, for appellee.
Appellee, Mary Simmons, filed her bill in the chancery court of Newton county against the appellant, John H. Turner, to which bill appellant interposed a demurrer, which was by the court on the 14th of June, a day of the regular June term, 1909, overruled. From this decree overruling the demurrer, the court, on the same day it was entered, made an order granting this appeal to settle the principles of the cause. The appeal bond is dated June 29th, 1910, and marked approved and filed by the clerk July 14th, 1910; such date, approval, and filing being, therefore, more than ten days after the decree overruling the demurrer and granting the appeal.
The authority of chancery courts to grant appeals from decrees overruling demurrers is contained in section 34, Code 1906, which provides that "such appeals must be applied for and bond given within ten days after the demurrer is overruled, if in term time." Statutes limiting the time within which appeals shall be taken are both mandatory and jurisdictional, and must be strictly complied with. The court is without power to ingraft any exception on the statute. When the statute is not complied with, the supreme court is without jurisdiction of the cause, which will be dismissed, either on motion of appellee or by this court of its own motion. This court is without power to make any other order. 2 Ency. Pl. and Prac. 239-243, and notes.
Appeal dismissed.
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Buckingham v. Jones
... ... limiting time for appeals are both mandatory and ... jurisdictional and must be strictly complied with ... Turner ... v. Simmons, 99 Miss. 28; 54 So. 658; Nesbet v ... Rodewald, 43 Miss. 304; Thomas v. Toomer, 50 ... Miss. 394; Johnson v. Jones, 51 Miss. 860; ... ...
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Moore v. Sanders
...Such an appeal should be dismissed either on the motion of the appellee or by the appellate court of its own motion. Turner v. Simmons, 99 Miss. 28, 54 So. 658 (1911). * * * * * After the ten days had elapsed from the adjournment of the October 1971 meeting, there was no way that the appeal......
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Bowen v. DESOTO COUNTY BD. OF SUP'RS
...Such an appeal should be dismissed either on the motion of the appellee or by the appellate court of its own motion. Turner v. Simmons, 99 Miss. 28, 54 So. 658 (1911). Since the bill of exceptions in this case was not presented to the mayor within ten days after adjournment of the October 1......
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Hartford Accident & Indemnity Co. v. N. O. Nelson Mfg. Co.
... ... time provided by the statutes of this state this court is ... without jurisdiction to entertain the appeal ... Turner ... v. Simmons, 99 Miss. 28, 54 So. 658; Williams v. Meridian ... Light & Ry. Co., 114 Miss. 73, 75 So. 59; Beasley v ... Cottrel, 94 Miss. 253, ... ...