Smith v. Citizens' Bank & Trust Co.
Mississippi Supreme Court
Appeal from chancery court of Humphreys county. Hon. E. N. Thomas, Chancellor. Suit in equity between W. E. Smith and the Citizens’ Bank & Trust Company. Decree for the latter, and the former appeals.
1Opinion of the CourtSmith, C. J.
The appellee has filed no brief, and the brief for the appellant is devoted solely to an attempt to convince the court that the decree appealed from is correct. The real purpose of the appeal- therefore is not to obtain a reversal of the decree appealed from but to have it affirmed; there being no actual controversy of either,law or fact to be decided. When such is the case the appeal should be dismissed. Davies v. Brooks, 212 Ill. 566, 72 N. E. 724.
The question which counsel for the appellant seeks to i onvince us was decided correctly in the court below is an important and difficult one,…
2Cases cited1 opinion
- Davies v. BrooksIllinois Supreme Court · 1904