Farrish v. Davis
Mississippi Supreme Court
Appeal from circuit court of Panola county. Hon. E. D. Dinkins, Judge. Proceedings between diaries Farrisli and. J. R. Davis, guardian. Judgment for the latter, and the former appeals. On demurrer to plea in bar of appeal. Section 3112, Code 1906, and Hemingway’s Code, section 2476, áre identical with section 2752 with the exception that one year instead of two years is the prescribed limitation in Hemingway’s Code.
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Appeal from circuit court of Panola county. Hon. E. D. Dinkins, Judge. Proceedings between diaries Farrisli and. J. R. Davis, guardian. Judgment for the latter, and the former appeals. On demurrer to plea in bar of appeal. Section 3112, Code 1906, and Hemingway’s Code, section 2476, áre identical with section 2752 with the exception that one year instead of two years is the prescribed limitation in Hemingway’s Code. These sections cited by counsel for appellee to sustain his plea, provide that appeals to the supreme court shall be taken within one year next after the rendition of the judgment…
1Opinion of the CourtSmith, C. J.
This cause comes on to be heard on a demurrer to a plea in bar of- the appeal, the ground of which is that the record was filed in this court more than one year after the rendition of the decree in the court below and that no citation has been served on the appellee or her counsel. It appears both from the allegations of the plea and from the record that the appeal bond was filed within one year after the rendition of the decree in the court below.
This demurrer must be sustained for the reason that the filing of an appeal bond stops the running of the statute of limitation. Chambliss v. Wood,…
2Cases cited4 opinions
- McAllister v. RichardsonMississippi Supreme Court · 1911
- Chambliss v. WoodMississippi Supreme Court · 1904
- Adams Lumber Co. v. StevensonMississippi Supreme Court · 1906
- Beasley v. CottrellMississippi Supreme Court · 1908
3Cited by2 opinions
- Twin States Realty Co. v. KilpatrickMississippi Supreme Court · 1946
- Turner v. WeaverMississippi Supreme Court · 1921