Merrill v. Hunt
Mississippi Supreme Court
Appeal from the Chancery Court of Washington County., Hon. E. Stapeord, Chancellor. The point raised in those two cases is upon a motion to-docket and dismiss the cases upon the grounds stated in the following motion: ‘ ‘ And now comes the appellees by their solicitor and moves the court • to docket this cause and dismiss the appeal taken from the decree of the chancery court of Washington county, overruling the demurrer filed by appellants to the bill of the appellees in…
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Appeal from the Chancery Court of Washington County., Hon. E. Stapeord, Chancellor. The point raised in those two cases is upon a motion to-docket and dismiss the cases upon the grounds stated in the following motion: ‘ ‘ And now comes the appellees by their solicitor and moves the court • to docket this cause and dismiss the appeal taken from the decree of the chancery court of Washington county, overruling the demurrer filed by appellants to the bill of the appellees in said chancery court, for want of prosecution.”
1Opinion of the CourtSimrall, C. J.
These cases were submitted on motions to docket and dismiss the appeals. Demurrers to the respective bills were filed by the defendants, which were overruled. Appeals were prayed, which were granted by the court upon the parties executing the bonds respectively required by the statute. The bonds were not executed. It was stated by the counsel for the motions, at the argument, that the chancellors of the respective courts in which these suits were pending regarded the prayer for, and granting, the appeal, as having the effect of withdrawing-*775the case from his court and transferring.it to the…
2Cases cited2 opinions
- Henderson v. AndersonSupreme Court of the United States · 1844
- Eustis v. HolmesMississippi Supreme Court · 1873
3Cited by1 opinion
- First Am. Nat. Bank of Iuka v. Alcorn, Inc.Mississippi Supreme Court · 1978