McKinzie v. Fellows
Mississippi Supreme Court
Appeal from the chancery court of Jones county. Hon. Sam Whitman, Chancellor. Suit by A. M. McKinzie against Mrs. H. C. Fellows. From a decree for defendant, plaintiff appeals. Motion to docket and dismiss the appeal. The facts are fully stated in the opinion of the court.
1Opinion of the CourtSmith, J.
The decree in this case was rendered on the 26th day of April, 1911, and the appeal bond was executed and filed on the 12th day of June, 1911. Under sections 4902 and 4906 of the Code of 1906, the transcript of the record should have been filed in this court on or before the third Monday (15'th) of January, 1912. This the clerk of the lower court failed to do, and on the 27th day of January, 1912, this motion to docket and dismiss was filed.' Thereafter, on the 31st day of January, 1912, the transcript of the record was filed with the clerk of this' *227court. The clerk of the lower court had'…
2Cases cited1 opinion
- McAllister v. RichardsonMississippi Supreme Court · 1911
3Cited by1 opinion
- Hargraves v. HamiltonMississippi Supreme Court · 1964