Legal Opinion
Parker v. Willis
Mississippi Supreme Court
Decided October 15, 1854PublishedCited by 2 opinions
On appeal from the circuit court of Hinds county; Hon. John J. Guión, judge. This was a motion made by the counsel for the defendant in error to dismiss the appeal, because the bond had not been properly approved.
1Opinion of the CourtJustice Fisher
This is a motion to dismiss the appeal, on the ground that the alleged appeal bond was not approved by the court, as required by the statute. Revis. Co. p. 138, § 148.
It has been long since settled by this court, that the appeal must not only be prayed in open court, but that the bond ordered to be given must also be approved by the court. The clerk has no authority either by the law or the direction of the court, to approve the bond. 1 How. 269; 2 Ib. 854; 3 Ib. 75.
Motion sustained.
2Cited by2 opinions
- City of Mound Bayou v. JohnsonMississippi Supreme Court · 1990
- Bridges v. Board of SupervisorsMississippi Supreme Court · 1879