Hardaway v. Biles
Mississippi Supreme Court
Two cases, from the 'court of probates of Yazoo county, between the same parties, Hardaway Sf Boyakin v. James Biles, admr., were brought into this court by appeal. The appellants executed no appeal bond, but one was filed by a third person, not a party to the record, who styled himself agent for the appellants. A motion was made to dismiss the cases, for want of a sufficient appeal bond.
Read the full summary
Two cases, from the 'court of probates of Yazoo county, between the same parties, Hardaway Sf Boyakin v. James Biles, admr., were brought into this court by appeal. The appellants executed no appeal bond, but one was filed by a third person, not a party to the record, who styled himself agent for the appellants. A motion was made to dismiss the cases, for want of a sufficient appeal bond. These cases come before the court by appeal from the probate court of Yazoo county, and are submitted on motions to dismiss for want of appeal bonds. The appeal bond must be the bond of the appellant.' How.…
1Opinion of the CourtJustice Clayton
There is a motion in these cases to dismiss them from the docket, because the appellants have not given bond with surety in pursuance of the statute. The bonds which accompany the records are given by third persons, but are not executed by the appellants. The statute allows an appeal, “ upon the appellants giving bond with good and sufficient security,” to be approved by the court.
The giving bond with surety has been regarded in the light of a condition precedent, without a compliance with which the appellate court could not take jurisdiction. In Porter v. Grisham, 3 How% 76, the court says,…
2Cited by1 opinion
- Curtis Curry v. Lachelle Clemons, In Her Official Capacity as Division Director of The Victim Compensation DivisionMississippi Supreme Court · 2021