Adams Lumber Co. v. Stevenson
Mississippi Supreme Court
From the chancery court of Amite county. Hon. William P. S. Ventress, chancellor. Stevenson, the appellee, was complainant and cross-defendant in the court below, and the Lumber Company, a corporation, and another, appellants, were defendants and cross-complainants there. From a decree dismissing the cross-bill, and awarding the relief sought by Stevenson in his original bill, the defendants and cross-complainants appealed to the supreme court.
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From the chancery court of Amite county. Hon. William P. S. Ventress, chancellor. Stevenson, the appellee, was complainant and cross-defendant in the court below, and the Lumber Company, a corporation, and another, appellants, were defendants and cross-complainants there. From a decree dismissing the cross-bill, and awarding the relief sought by Stevenson in his original bill, the defendants and cross-complainants appealed to the supreme court. The decree appealed from was rendered April 16, 1904; the appeal bond was filed and approved February 10, 1905; the record was filed in the supreme…
1Opinion of the CourtWhitfield, C. J.
The motion in this case is to dismiss the appeal because barred by the two-year statute of limitations, not to docket and dismiss for failure to properly and promptly prosecute the appeal.
The cases of Houston v. Witherspoon, 68 Miss., 188 (s.c., 8 South. Rep., 515), and Chambliss v. Wood, 84 Miss., 209 (s.c., 36 South. Rep., 246), are relied on in support of the motion. In both those cases the motion was to dismiss the appeal for failure to properly and promptly prosecute the appeal, not to dismiss the appeal because barred by the statute of limitations. This difference in the motions makes…
2Cases cited2 opinions
- Chambliss v. WoodMississippi Supreme Court · 1904
- Houston v. WitherspoonMississippi Supreme Court · 1890
3Cited by4 opinions
- Andrew v. StateSupreme Court of Florida · 1911
- McAllister v. RichardsonMississippi Supreme Court · 1911
- Cassidy v. Central Lumber Co.Mississippi Supreme Court · 1953
- Farrish v. DavisMississippi Supreme Court · 1920