Tardy v. Rosenstock
Mississippi Supreme Court
Appeal from the circuit court of Bolivar county. Hon. W. A. Alcorn, Jr., Judge. Suit by Morris Bosenstock against Mrs. Fanny M. Tardy and others. From a judgment for plaintiff, certain of the defendants appeal. The facts are fully stated in the opinion of the court.
1Opinion of the CourtSmith, C. J.
The judgment appealed from was against the several defendants; but one of them, Charles E. Farries, did not join therein and no summons for him has been issued. Counsel for appellee call our attention thereto in *721their brief and say that because thereof the judgment of the court below should be affirmed.
Section 43, Code of 1906, section 19 of Hemingway’s Code, provides that “any one or more of the parties to a judgment or decree may appeal therefrom;” but it further provides that, if all of the parties to a judgment or decree do not join in the appeal, summons shall be issued for such as do…
2Cited by4 opinions
- Duckworth v. Allis-Chalmers Manufacturing Co.Mississippi Supreme Court · 1963
- Wilkinson v. LoveMississippi Supreme Court · 1928
- United States Fidelity & Guaranty Co. v. JacksonMississippi Supreme Court · 1920
- Wilkinson v. LoveMississippi Supreme Court · 1928