Barrier v. Kelly
Mississippi Supreme Court
From the chancery court of Yazoo county. Hon. Henry C. Conn, Chancellor. Barrier, would-be appellant, was complainant in the court below, and' Kelly was defendant there. From the decree mentioned in the opinion of the court Barrier sought an appeal to the supreme court.
1Opinion of the CourtCalhoon, J.
We cannot take cognizance of this appeal because it has no warrant of law. The same order sustains a demurrer to the bill, gives sixty days to amend it, and yet allows an appeal to “ settle the principles of the case. ” Non constat but appellant would conclude to amend. He may have done so, for aught we know, since June 20th, the date of the decree.
In order that a decree may be appealed from, it must be final as to its subject.
Appeal dismissed.
2Cited by6 opinions
- Gulf & Ship Island Railroad v. WilliamsMississippi Supreme Court · 1915
- Carothers v. Bank of BaldwynMississippi Supreme Court · 1930
- Moore v. EvansMississippi Supreme Court · 1910
- Blum v. Planters' Bank & Trust Co. of OpelousasMississippi Supreme Court · 1929
- Turner v. CarterMississippi Supreme Court · 1931
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