Wills v. Howie Bros.
Cases that cite this one
3 later published cases cite this decision.
- Lipson v. Lipson (Miss. 1966)
- Snipes v. Commercial & Industrial Bank (Miss. 1955)
- Lovett v. Harrison (Miss. 1931)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.