Morris v. Smith
Tennessee Supreme Court
In this cause a motion was made in the Supreme Court to dismiss the appeal; and it appeared that Morris prayed an appeal from the decree of the chancellor, which was allowed on his filing a sufficient appeal bond; and to enable him to do so, he was allowed a limited time after the adjournment of the Term, the bond to be given before the Clerk and Master.
1Opinion of the Court
G-reen, J.:
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. (1)
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…
2Cited by67 opinions
- Walton, Mayor v. DonnellySupreme Court of Oklahoma · 1921
- U'ren v. BagleyOregon Supreme Court · 1926
- Howard v. PatrickMichigan Supreme Court · 1878
- Messer v. OestreichWisconsin Supreme Court · 1881
- Coit v. SistareSupreme Court of Connecticut · 1912
62 more not listed; retrieve them via the Exa API.