Gay v. A. Edwards & Co.
Mississippi Supreme Court
Appeal from the District Chancery Court, at Macon. Hon. Henry Dickinson, vice chancellor. The appellees, A. Edwards & Co., Richard Kingsland & Co., T. M. Wiley & Co., Smith, Wright & Co., and Timothy T. Kissom, on the 3rd day of October, A. D. 1853, filed their bill in the court below, against Joseph E. Gay, James Turner and Benjamin Too-mer, merchants and partners, under the firm, name, and style of Toomer, Gay & Co., James M. Wynne and Reuben King, in which they alleged in…
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Appeal from the District Chancery Court, at Macon. Hon. Henry Dickinson, vice chancellor. The appellees, A. Edwards & Co., Richard Kingsland & Co., T. M. Wiley & Co., Smith, Wright & Co., and Timothy T. Kissom, on the 3rd day of October, A. D. 1853, filed their bill in the court below, against Joseph E. Gay, James Turner and Benjamin Too-mer, merchants and partners, under the firm, name, and style of Toomer, Gay & Co., James M. Wynne and Reuben King, in which they alleged in substance, as follows: That on the 15th day of May, A. D. 1845, said Toomer, Gay & Co., and complainants, A. Edwards &…
1Opinion of the CourtHandy, J.
This is an appeal from an interlocutory decree of the District Chancery Court at Columbus, overruling a demurrer to the bill,
The appellees move to dismiss the appeal, because no bond was required by the chancellor in granting the appeal, and none has been executed, and the question is, whether a bond is necessary in such a case, in order to an appeal.
It is settled by this court, that in case of a final decree in a court of chancery, the execution and approval of an appeal bond, are conditions precedent to the prosecution of the appeal, because such is the spirit of the statute authorizing the…
2Cases cited2 opinions
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
- O. C. Tiffany & Co. v. JohnsonMississippi Supreme Court · 1854
3Cited by3 opinions
- George v. SolomonMississippi Supreme Court · 1893
- Board of Supervisors v. AlfordMississippi Supreme Court · 1887
- Mississippi Compress & Warehouse Co. v. LevyMississippi Supreme Court · 1903