Wright v. Stanford
Mississippi Supreme Court
Appear from the circuit court of Tippah county. ITon. C. L. Crum, Special Judge. Suit by J. C. Wright against F. M. Stanford. From ■a judgment of dismissal plaintiff appeals. On January 17, 1910, the plaintiff filed his declaration in the circuit court for damages for slander. On the first day of the July term (July 4, 1910), an order was ■entered requiring the plaintiff to give security for costs within sixty days.
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Appear from the circuit court of Tippah county. ITon. C. L. Crum, Special Judge. Suit by J. C. Wright against F. M. Stanford. From ■a judgment of dismissal plaintiff appeals. On January 17, 1910, the plaintiff filed his declaration in the circuit court for damages for slander. On the first day of the July term (July 4, 1910), an order was ■entered requiring the plaintiff to give security for costs within sixty days. On September 3, 1910 (sixtv-one ■days later), plaintiff filed his bond, which was approved by the clerk. On the first day of the January term, 1911, ■defendant filed his pleas to…
1Opinion of the Court
Whitfield, C.
The appellee did not move to dismiss the suit for the want of security for costs promptly, as he should have •done. On the contrary, he filed his pleas on the first day of the January 1911, term of circuit court. Five days later the appellant filed his replications to said pleas, and two days after this appellee, for the first time, filed his motion to dismiss the suit because no bond had been filed within the time limited by law and the order of the court. The bond was filed sixty-one days, just one day too late, after the order requiring security to be given. In Kittle v.…
2Cases cited1 opinion
- Kittle v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1908
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