Childs v. Rowell
Mississippi Supreme Court
Motion in Supreme Court. The character and ground of the motion are stated in the opinion of the court. “ The first day of each term, or the day designated by law or by order of the court for taking up the docket of a district, shall be the return-day.”
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Motion in Supreme Court. The character and ground of the motion are stated in the opinion of the court. “ The first day of each term, or the day designated by law or by order of the court for taking up the docket of a district, shall be the return-day.” Code 1880, sect. 1402. Sect. 2345 then provides for ten days’ notice to the appellant; and sect. 2344 requires the clerk, when the law has been complied with, to make and transmit immediately to the clerk of the Supreme Court the transcript. To give effect to all these provisions, the necessary construction is that an appeal must be made…
1Opinion of the CourtChalmers, C. J.
The appeal was prayed before the circuit clerk of Tippah County on the eleventh day of November, 1880. No transcript of the record having- been applied for, a certificate of that fact is presented to us by thd appellee, and we are asked to docket and dismiss the case in accordance with the provisions of sect. 1416 of the Code of 1880.
Under the act of 1874 (Sess. Acts, p. 27), the appellant, who sued out his appeal after a term of this court had commenced, or within less than ten days of its commencement, had the option to make his writ returnable to the day during the current term fixed by…
2Cases cited1 opinion
- Society of New York Hospital v. KnoxMississippi Supreme Court · 1880
3Cited by1 opinion
- Hicks Merchantile Co. v. MusgroveMississippi Supreme Court · 1914