Patterson v. Gathings
Mississippi Supreme Court
Appeal from the chancery court of Monroe county. Whitfield, Chancellor. Upon the filing and docketing of this cause, the appellee moved the supreme court to quash the writ of error therein, and to dismiss* this cause, because said writ was sued out from a decree of the chancery court; and also, because it was sued out by said Patterson, who was not a party to the bill, and is in' no way interested in the cause, except as surety on the delivery bond given upon levy of writ of…
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Appeal from the chancery court of Monroe county. Whitfield, Chancellor. Upon the filing and docketing of this cause, the appellee moved the supreme court to quash the writ of error therein, and to dismiss* this cause, because said writ was sued out from a decree of the chancery court; and also, because it was sued out by said Patterson, who was not a party to the bill, and is in' no way interested in the cause, except as surety on the delivery bond given upon levy of writ of sequestration, etc. 1. It is a chancery case — writ of error from final decree. An appeal should have been taken, and…
1Opinion of the Court
Tarbell, J.:
Motion to dismiss writ of error. This cause was pending in the chancery court of Monroe county. From the final decree a writ of error was prosecuted. The point is now made, that the cause should have been brought to this court by appeal instead of by writ of error. Section 411, of the Code of 1871, is almost a literal transcript of the Code of 1857, under which a party might appeal or sue out a writ of error, at his option.
It is also objected, that Patterson, who prosecutes the writ of error, was surety, whose principal is not complaining. The action was instituted to enforce a…
2Cases cited1 opinion
- Steele v. WhiteNew York Court of Chancery · 1831
3Cited by1 opinion
- Treuting v. GuiceMississippi Supreme Court · 1955