Jones v. State
Mississippi Supreme Court
1DissentBanks, Justice
¶ 10. I am of the opinion that premiums paid to secure a bail bond while an appeal is pending, are costs expended to preserve rights pending appeal and as such are taxable as costs of appeal. Thus I respectfully dissent.
¶ 11. The majority concludes that a su-persedeas bond is distinguishable from a bail bond in that a supersedeas bond is required to perfect various appeals while a bail bond is not a mandatory cost of appeal. This argument fails as an answer to Jones’s claim for two reasons. First, our rule allows recovery for costs of, not only supersedeas bonds, but “other bonds to preserve…
2Cases cited8 opinions
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Loeb v. StateDistrict Court of Appeal of Florida · 1980
- Cain v. United StatesCourt of Appeals for the Ninth Circuit · 1945
- Allied Fidelity Insurance Co. v. State Ex Rel. Carbon County School DistrictWyoming Supreme Court · 1983
- United States v. St. ClairCourt of Appeals for the Eighth Circuit · 1930
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