Wills v. Howie Bros
| Decision Date | 07 June 1915 |
| Citation | 109 Miss. 568,68 So. 780 |
| Court | Mississippi Supreme Court |
| Parties | WILLS ET AL v. HOWIE BROS |
March, 1915
APPEAL from the circuit court of Smith county. HON. W. H. HUGHES, Judge.
Suit by T. J. Wills and others against Howie Bros. From a judgment for defendant, plaintiff appeals. Motion to dismiss appeal overruled.
The facts are fully stated in the opinion of the court.
Motion overruled.
Howie & Howie, for the motion to dismiss.
T. J. Wills, opposed to motion to dismiss and for motion to consolidate.
This is a motion to dismiss for the reason: First, that the appeal was taken after the time therefor had expired; and, second, that the appeal bond was signed by only one surety.
The appeal is from a final judgment which recites that:
"The said T. J. Wills and S. P. Searcy excepted and were given sixty days in which to perfect their appeal."
The appeal is from a final judgment, which recites sixty days from the date of the judgment. It was not necessary to except to the judgment, and the court was without power to limit the right of appeal to sixty days; that right being regulated by section 3112 of the Code, which provides that an appeal "shall be taken within two years next after the rendition of the judgment or decree complained of."
The defect in the bond is admitted by counsel for appellant, and they request leave to file a new bond, which will be granted.
Motion overruled, and fifteen days granted in which to file a new bond.
Overruled.
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Love v. Miss. Cottonseed Products Co.
...v. Coahoma County, 64 Miss. 358; Cleveland State Bank v. Cotton Exchange Bank, 118 Miss. 768; Hudson v. Gray, 58 Miss. 589; Wills v. Howie Brothers, 109 Miss. 568; Purity Ice Co. v. Morton. 127 So. 276. Flowers, Brown & Hester, of Jackson, and Cooper & Thomas, of Indianola, for appellant. A......
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Love v. Mississippi Cottonseed Products Co.
... ... Cotton Exchange Bank, 118 Miss. 768; Hudson v ... Gray, 58 Miss. 589; Wills v. Howie Brothers, ... 109 Miss. 568; Purity Ice Cream Co. v. Morton. 127 So. 276 ... ...
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Lipson v. Lipson, 43810
...v. Harrison, 162 Miss. 814, 137 So. 471 (1931); Purity Ice Cream Co. v. Morton, 157 Miss. 728, 127 So. 276 (1930); Wills v. Howie Bros., 109 Miss. 568, 68 So. 780 (1915). II ON THE We will first address ourselves to the error assigned relative to the action of the chancellor in disallowing ......