Winters v. Claitor
Mississippi Supreme Court
Error to the Chancery Court of Attala County. Hon. R. W. WilliamsoN, Chancellor. After the transcript of the record of this case from the court below was filed in the Supreme Court, a motion was made to dismiss the cause, upon the ground that the appeal bond was defective. 1. The decrees sought to be enforced, which were mere personal decrees for so much money, were not liens per se, nor did they become such by subsequent enrolment.
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Error to the Chancery Court of Attala County. Hon. R. W. WilliamsoN, Chancellor. After the transcript of the record of this case from the court below was filed in the Supreme Court, a motion was made to dismiss the cause, upon the ground that the appeal bond was defective. 1. The decrees sought to be enforced, which were mere personal decrees for so much money, were not liens per se, nor did they become such by subsequent enrolment. Code 1871, §§ 830, 1263; Acts 1876, p. 193. 2. If liens per se, or duly enrolled, still they are not operative on the land in controversy. Carlisle v. Tindall, 49…
1Opinion of the CourtCampbell, J.
This is a motion to dismiss this case because “no appeal bond has been given in the terms and conditions required by the statute.” A final decree was rendered by the Chancery Court against L. A. Winters, and Margaret, his wife, and George Winters, and they petitioned the clerk in writing for an “ appeal.” The clerk issued a writ of error, and took a bond conditioned as prescribed in § 410 of the Code, which is precisely the same as that prescribed by § 411 for writs of error, except that the word “ appeal ” is used instead of “ writ of error.” No swper-sedeas was applied for or granted. The…
2Cases cited27 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Eyster v. GaffSupreme Court of the United States · 1876
- Matter of CurtisUnited States Bankruptcy Court, W.D. Missouri · 1979
- Matter of PrimmUnited States Bankruptcy Court, D. Kansas · 1980
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
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- Davis v. LumpkinMississippi Supreme Court · 1879