Harrison County v. Rogers
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. Stone Dea yours, Chancellor. Rogers and others, appellees, were complainants in the court below; Harrison county and Joseph T. Jones, appellants, were defendants there. Both defendants demurred to the complainants’ bill, each filing a separate demurrer.
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From the chancery court of Harrison county. Hon. Stone Dea yours, Chancellor. Rogers and others, appellees, were complainants in the court below; Harrison county and Joseph T. Jones, appellants, were defendants there. Both defendants demurred to the complainants’ bill, each filing a separate demurrer. The chancellor, in vacation, April 5, 1904, overruled both demurrers, and on that day granted a separate appeal to each defendant; the order granting the county’s appeal specifically exempted it from giving bond, as authorized by Code 1892, § 93. Jones gave bond speedily, and the county, April…
1Opinion of the CourtWhitfield, C. J.
Counsel for the motion concedes that Houston v. Witherspoon, 68 Miss., 188, 190 (8 South. Rep., 515), would be conclusive against him if there was a motion to dismiss the appeal as to Jones. But he still insists that as to Harrison county no valid appeal ever was perfected by the county, because no bond was given in thirty days. But the statute (§ 93, Code 1892) expressly exempted the county from giving any bond. The county petitioned for the appeal April 5, 1904. The appeal was granted same day, expressly exempting the county from giving bond. The county had citation issued April 26, 1904,…
2Cases cited1 opinion
- Houston v. WitherspoonMississippi Supreme Court · 1890