Hudson v. Gray
Mississippi Supreme Court
Motion in Supreme Court. ■ The appellee made u motion to dismiss the appeal in this ease on the ground that no appeal-bond had been executed by the appellants. The sureties on the bond of an executor or administrator are not liable for the costs of a final settlement of the estate, when such costs are adjudged against him personally. Code 1871, - sects. 1118, 1176; Code 1880, sects. 2377-2379; Williamson v. Childress, 26 Miss. 328 ; Prosser v. Yerby, JSxrx., 1 How. 87. It.
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Motion in Supreme Court. ■ The appellee made u motion to dismiss the appeal in this ease on the ground that no appeal-bond had been executed by the appellants. The sureties on the bond of an executor or administrator are not liable for the costs of a final settlement of the estate, when such costs are adjudged against him personally. Code 1871, - sects. 1118, 1176; Code 1880, sects. 2377-2379; Williamson v. Childress, 26 Miss. 328 ; Prosser v. Yerby, JSxrx., 1 How. 87. It. S. Hudson claims the right to a siqoersedeas without giving bond, by virtue of sect. 2334, Code of 1880; and it is…
1Opinion of the CourtChalmers, C. J.
An executor, upon final settlement, after long litigation, was adjudged to pay the costs therein. Ho has appealed without bond, and insists that he is, entitled to maintain his appeal without having given bond either for costs or for a supersedeas, basing his right upon sect. 2334 of the Code, which is in these words: “ Executors, administrators, and guardians, except executors who have not given bond, may appeal from any judgment, decree, or order affecting them in their fiduciary character, and shall have a supersedeas on such appeal without bond for costs or for a supersedeas; but they may…
2Cited by4 opinions
- May v. LaytonMississippi Supreme Court · 1951
- Lovett v. HarrisonMississippi Supreme Court · 1931
- Cleveland State Bank v. Cotton Exchange BankMississippi Supreme Court · 1918
- Sabougla Drainage Dist. No. 2 v. People's Bank & Trust Co.Mississippi Supreme Court · 1941