Wofford v. Williams

• Decision Date: 08 November 1915
• Citation: 69 So. 819,109 Miss. 847
• Court: Mississippi Supreme Court
• Parties: WOFFORD ET AL. v. WILLIAMS, Sheriff

69 So. 819

109 Miss. 847

WOFFORD ET AL. v. WILLIAMS, Sheriff

Supreme Court of Mississippi

November 8, 1915

October, 1915

APPEAL from the chancery court of Calhoun county. HON. J. G. MCGOWEN, Chancellor.

Suit by R. V. Wofford and others against W. T. Williams, sheriff. From a judgment for defendants, plaintiff appeals.

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

Overruled.

T. L. Haman and N.W. Bradford, for the motion.

OPINION

SMITH, C. J.

This cause comes on to be heard on a motion wherein appellee--

"excepts to the appeal bond in this cause filed and moves the court to discharge the supersedeas for the following reasons to wit: First, because said bond is insufficient as a security; second, because said bond is without sureties; third, because said bond is signed only by parties to the suit; fourth, because said bond is not approved by the clerk."

Filed with this motion is a certified copy of the decree supposed to have been appealed from, together with a certified copy of an appeal bond. It does not appear that this bond was ever approved by the clerk of the court below; and since it is provided by section 61 of the Code that "an appeal shall not be considered as perfect, or a supersedeas awarded thereon, unless the bond required shall have been given and approved," no appeal has as yet been taken herein, so that we have nothing to act upon; the bond as it appears in this record being a nullity.

Overruled.