J. R. Watkins Co. v. Guess

Dissenting Opinion.

Anderson, J.,

delivered a dissenting opinion.

It is true that the giving of the appeal bond within the time prescribed by the statute is jurisdictional, and our court has so held as pointed out in the controlling opinion.' It never has held, however, and I do not think it ought to be, that where there is an honest attempt within the time limit to give the required bond, failure so to do is jurisdictional. In my opinion, our court has held exactly to the contrary on principle, although the facts were different from the facts of this case. In Keys v. Borden, 178 Miss. 173, 171…