Sivley v. Sivley
Mississippi Supreme Court
MOTION TO STRIKE CONEESSION OE ERRORS EROM THE EILE. Prom the circuit court of Newton county. Hon. James R. Byrd, Judge. Mary De Priest Sivley, appellee, was plaintiff in tbe court below; Martha Sivley, appellant) was defendant there and from a judgment for $30,000 in plaintiff’s favor she prosecuted a supersedeas appeal to tbe supreme court.
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MOTION TO STRIKE CONEESSION OE ERRORS EROM THE EILE. Prom the circuit court of Newton county. Hon. James R. Byrd, Judge. Mary De Priest Sivley, appellee, was plaintiff in tbe court below; Martha Sivley, appellant) was defendant there and from a judgment for $30,000 in plaintiff’s favor she prosecuted a supersedeas appeal to tbe supreme court. Tbe defendant is tbe mother of plaintiff’s husband and the suit was for damages alleged to have been suffered by plaintiff because of the malicious alienation by defendant of the affections of her son from plaintiff and for inducing him to 'abandon…
1Opinion of the Court
WilliaMSON,* Special Judge,
delivered tbe opinion of the court.
We shall not undertake a statement of tbe facts contained in this motion, but leave it to be stated by tbe reporter. When an appeal is taken to tbe supreme court of tbe state by any party, tbe jurisdiction to determine tbe cause is thereby transferred to that court, and any subsequent disposition made of tbe case can only be made with the consent of tbe court. It is true, ordinarily, that tbe parties may withdraw their appeal, or make any other disposition of tbe case which they may choose to make, provided it be not inconsistent…
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