Evers v. TRULY FOR USE & BENEFIT

317 So.2d 414 (1975)

James Charles EVERS et al.

v.

R.M. TRULY FOR the Use and Benefit of the TOWN OF FAYETTE, Mississippi.

No. 48798.

Supreme Court of Mississippi.

July 14, 1975.

Rehearing Denied September 9, 1975.

Anderson, Banks, Nichols & Stewart, Jackson, for appellants.

Adams, Forman, Truly, Ward, Smith & Bramlette, C.G. Smith, Jr., Natchez, for appellee.

ON MOTION

INZER, Justice.

This cause is before the Court on motion of appellee to dismiss this appeal for the reason that the appeal was not perfected within the time allowed by Section 11-51-5, Mississippi Code 1972 Annotated (Supp. 1974).

The…