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Wills v. Howie Bros.

Wills v. Howie Bros., 68 So. 780 (Miss. 1915)
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Court
Mississippi Supreme Court · State Highest Courts
Decided
March 15, 1915
Judges
Smith
Citations
68 So. 780109 Miss. 568
Syllabus
1. Appeal and EEeoe. Reservation of grounds of review. Exceptions. Appeal bond. Amendment. Statutes. Under Code 1906, section 3112, providing that appeals to the supreme court shall be taken within two years after the rendition of the judgment complained of, the court rendering a final judgment was without power to limit the right of appeal to sixty days and notwithstanding such limitation the appeal may he perfected after the expiration of such sixty days. 2. Appeal and Ebkoe. Appeal tonel. Amendment. Where a motion was made in the supreme court to dismiss an appeal because the appeal bond was .only signed by one surety and appellant, admitting the defect, requested leave to file a new bond, such request will he granted.
Summary
Appeal from the circuit court of Smith county. Hon. W. H. Hughes, Judge. Suit by T. J. Wills and others agaipst 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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Smith

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Smith, C. J.,

delivered the opinion of the court.

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 excépted 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 *570 within two years nest 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, anj fifteen days granted in which to file a new bond.

Overruled.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1931: 11955: 11966: 119312026peak 1931 · 1

Relies on it most ⓘ

  1. Snipes v. Commercial & Industrial Bank82 So. 2d 895 (Miss. 1955)
  2. Lovett v. Harrison137 So. 471 (Miss. 1931)
  3. Lipson v. Lipson183 So. 2d 900 (Miss. 1966)

Most recent

  1. Lipson v. Lipson183 So. 2d 900 (Miss. 1966)
  2. Snipes v. Commercial & Industrial Bank82 So. 2d 895 (Miss. 1955)
  3. Lovett v. Harrison137 So. 471 (Miss. 1931)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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