Weir v. Killian
Mississippi Supreme Court
Appeal from the Chancery Court of Issaquena County. Hon. W. G. Phelps, Chancellor. On March 18, 1882, after the transcript was filed in the Supreme Court, upon this appeal by W. J. Weir and Celeste Weir from a final decree in the case of Max Killian v. J. D. H. Weir et al., a summons was issued by the clerk of the Supreme Court for J. D. H. Weir to join in the appeal returnable on April 3, 1882, the first day of the present term.
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Appeal from the Chancery Court of Issaquena County. Hon. W. G. Phelps, Chancellor. On March 18, 1882, after the transcript was filed in the Supreme Court, upon this appeal by W. J. Weir and Celeste Weir from a final decree in the case of Max Killian v. J. D. H. Weir et al., a summons was issued by the clerk of the Supreme Court for J. D. H. Weir to join in the appeal returnable on April 3, 1882, the first day of the present term. This writ was served personally on March 27, 1882, and J. D. H. Weir not appearing when the case was called, it was continued to the October Term, 1882. Afterwards…
1Opinion of the CourtCooper, J.
Code 1880, § 2319, provides that, when all the parties to a-judgment or decree do not join in an appeal which is prosecuted, the clerk of the court before whom the appeal is taken, shall issue a summons, when the appeal is taken, to such as do not join in the appeal, to appear before the Supreme Court at the return term of the appeal, and it is further provided that “ the summons to join in the appeal may be issued by the clerk of the Supreme Court, at any time after the transcript shall be received by him.” Code 1880, § 2345, provides that the summons to answer the appeal shall be. served on…
2Cited by1 opinion
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