Denton v. Denton

Mississippi Supreme Court
Denton v. Denton, 77 Miss. 375 (Miss. 1899)
Whiteielt

Denton v. Denton

Opinion of the Court

Whiteielt), J.,

delivered the opinion of the court.

The appeal bond was defective merely, not void. The court should have allowed the amendment to be made. Anno, code of 1892, § 91, and authorities; Enc. Pl. & Pr., vol. 1, p. 995; 39 Texas, 164; 42 Texas, 48.

Reversed and remanded.

Reference

Full Case Name
Esca M. Denton v. Ira C. Denton
Cited By
7 cases
Status
Published
Syllabus
Justice op the Peace. Appeal. Bond. Insufficient penalty. Code 1892, U 83, 91. A bond given on appeal from the judgment of a justice of the peace to the circuit court, in a penalty less than the minimum sum required by law (code 1892, § 82), is not void, but may be amended, under code 1892, § 91, authorizing the perfecting of such bonds in the circuit court.