Williams v. Meridian Light & Ry. Co.

• Citation: 114 Miss. 73,75 So. 59
• Decision Date: 30 April 1917
• Docket Number: 19713
• Parties: WILLIAMS v. MEREDIAN LIGHT & RY. CO
• Court: United States State Supreme Court of Mississippi

75 So. 59

114 Miss. 73

WILLIAMS v. MEREDIAN LIGHT & RY. CO

No. 19713

Supreme Court of Mississippi

April 30, 1917

Division B

APPEAL from the circuit court of Lauderdale county, HON. J. D. CARR, Judge.

Action between F. W. Williams and the Meredian Lights Railway Company. From a judgment for defendants, plaintiffs appeal.

The facts are fully stated in the opinion of the court.

Appeal dismissed.

S. A. Witherspoon, for appellant.

Baskin & Wilbourn, for appellee.

OPINION

COOK, P. J.

Appellees have filed a motion to dismiss this appeal. The record discloses that the final judgment in this cause was rendered by the circuit court of Lauderdale county October 6, 1913; no steps were taken to appeal, until October 2, 1915, when an appeal bond was filed with the clerk of the circuit court and there it rested until the record was filed with the clerk of this court on April 14, 1917.

Appellant files certain affidavits of counsel who represented appellants below, to the effect that this case and several other cases involving the same facts and questions of law were pending in the chancery and circuit courts; that demurrers were filed to the declarations in each case and sustained by the court; that an oral agreement was made between counsel for plaintiffs and defendant that only one of the cases would be appealed and all would be governed by the ruling of this court in the case appealed. This court reversed the chancery court in the appealed case, and thereupon the record in this case was filed in this court.

Counsel for appellee deny that they ever made any agreement with reference to the appeal.

It will be seen that appellants rely solely upon an oral agreement, which is disputed by appellee. Confessedly, this appeal should be dismissed but for the alleged oral agreement. Rule 22 of this court (72 So. viii) provides that "no agreement between counsel will be regarded unless reduced to writing, and signed by them." We have no written agreement, and the alleged oral agreement is disputed. The record was not filed within the time fixed by law, and when we eliminate the oral agreement, and we must do so, no reason is given for not complying with the law. The appeal will be dismissed.

Dismissed.