Morris v. Smith
Cases that cite this one
56 later published cases cite this decision. The 25 that cite it most often are listed here.
- Snyder v. Summers (Tenn. 1878)
- Eldred v. Warner (Ariz. 1875)
- Lang v. Stoddard (Connecticut Superior Court 1944)
- Jackson v. Smith (N.H. 1872)
- Oberholzer, F., et ux v. Galapo, S. Aplts. (Pa. 2024)
- Jermaine D. English v. State of Florida (Fla. 2016)
- State v. Reid (Tenn. 2006)
- Thompson v. State (Ga. Ct. App. 1967)
- Dr. Miles California Co. v. Bronstone (Cal. Ct. App. 1941)
- Hollarn v. Alden (Okla. 1940)
- Commonwealth Building Corp. v. Hirschfield (Ill. App. Ct. 1940)
- Rust v. Rust (Tex. 1938)
- Jaramillo v. State Ex Rel. Board of County Com'rs (N.M. 1926)
- U'ren v. Bagley (Or. 1926)
- Allison v. Massey (Okla. 1925)
- Craig v. O'Rear (Ky. Ct. App. 1923)
- Crow v. Smith (Ala. 1922)
- Walton, Mayor v. Donnelly (Okla. 1921)
- Jones v. Sandlin (Ala. 1920)
- People ex rel. Brooklyn City Railroad v. Public Service Commission (New York Supreme Court 1920)
- Fellows v. Boston & Maine Railroad (N.H. 1916)
- Coit v. Sistare (Conn. 1912)
- Crowder v. Fordyce Lumber Co. (Ark. 1910)
- Smith v. Rauh (Putnam Circuit Court 1910)
- Smith v. Rauh (Ohio Circuit Courts 1910)
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
The rule allowing the chancellor to give time for the giving of bonds for the prosecution of appeal was established before I came on the bench. If it had not been so, I would never have consented to the establishment of the rule, and I. am unwilling to extend it beyond the adjudicated cases. The present'order is not within the rulé, and the appeal must be dismissed.
Appeal dismissed.
■ Note. — Mr. Heiskill in his report of this case, adds the following note: “On a subsequent day in the case of White v. Henderson and others, in which asimilar order was made below, the Court granted time to the party to give security or otherwise take the oath in this Court. In the same case they held that the motion [to dismiss] might be made at any time before the cause was reached or any step taken in it, and that a continuance by consent was not such a step. But in Brown v. Brown they held that an order for an account in this Court, precluded the motion to dismiss for any defect of this character.”
Taking appeal bond a proper act of the Court, and must be done in open Court. McAlister v. Scrice, 7 Yerg. 277, 278. See also Hale v. Parmley, Infra; McPhatridge v. Gregg, 4 Cold. 324; Davis v. Dyer, 5 Sneed 679.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.