Beasley v. Cottrell

Mississippi Supreme Court October 15, 1908

Beasley v. Cottrell, 94 Miss. 253 (Miss. 1908)

47 So. 662

Fletcher

Opinion of the Court

Fletcher, J".,

delivered the opinion of the court.

While the appeal bond in this case was given within the two years mentioned in the statute, yet the citation was not served upon the appeal, nor was the transcript filed in this court within two years next after the rendition of the judgment. Under the authority of Chambliss v. Wood, 84 Miss. 209, 36 South. 246, we are compelled to sustain this motion, and dismiss this appeal. So ordered.

Reference

Full Case Name: Adolphus A. Beasley v. Sophia A. Cottrell
Cited By: 3 cases
Status: Published
Syllabus: Motion to Dismiss Appeal. Appeals. Limitation. Code 1906, § 3112. An appeal to the supreme court is barred and will be dismissed on motion, if nothing save the execution of a bond be done in the-way of perfecting it before the expiration of the two years allowed therefor by the statute of limitations. Code 1906, § 3112..