Bank of Lauderdale v. Cole

Mississippi Supreme Court
Bank of Lauderdale v. Cole, 106 Miss. 496 (Miss. 1913)
64 So. 214
Smith

Bank of Lauderdale v. Cole

Opinion of the Court

Smith, C. J.,

delivered tbe opinion of tbe court.

Tbe filing of an appeal bond within two years after tbe rendition of a judgment or a decree appealed from stops tbe running of tbe statute limiting tbe time within which appeals may be taken, although no citation was served. McAlister v. Richardson, 57 So. 547. There is no merit, therefore, in appellee’s contention that tbe appeal in this case is barred; and this being tbe only objection to tbe relief prayed for, the appellants will be granted sixty days within which to perfect tbe record.

Remanded.

Reference

Full Case Name
Bank of Lauderdale v. W. Q. Cole
Status
Published
Syllabus
Appeal and Error. Time of taking appeal. Limitations. The filing of an appeal bond within two years after the rendition of a judgment or decree appealed from, stops the running of the statute limiting the time within which appeals may be taken,, although no citation was served.