Allen v. Levy
Mississippi Supreme Court
Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. Counsel for the appellee objecting to the bill of exceptions, this case was submitted and affirmed upon the ground that there was no error in the record. The appellants then moved to set aside the affirmance, and reinstate the ease upon the docket for hearing, and filed affidavits in support of tbeir motion. made an oral argument.
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Appeal from the Circuit Court of Holmes County. Hon. C. H. Campbell, Judge. Counsel for the appellee objecting to the bill of exceptions, this case was submitted and affirmed upon the ground that there was no error in the record. The appellants then moved to set aside the affirmance, and reinstate the ease upon the docket for hearing, and filed affidavits in support of tbeir motion. made an oral argument. Executions cannot be used as mortgages, but unless enforced with reasonable diligence are postponed to subsequent purchasers and incumbrancers. Davidson v. Waldron, 81 111. 120 ; Corlies v.…
1Opinion of the Court · ChalmebsChalmebs, J.
The order of the Circuit Court, granting thirty days in which to prepare a bill of exceptions to the action of the court in *614overruling the motion for a new trial, unless the same was made by consent of parties, was a nullity. Section 1718 of the Code of 1880 requires that such bills of exceptions must be made out and presented to the judge during the term, or within ten days after adjournment, and the court has no power of its motion to grant a longer time. It can only be done by consent, and this consent must be embodied in the order granting the extension, or it must be certified to us in…
Also in this document: Opinion of the Court · Campbell.
2Cases cited6 opinions
- Bliss v. BallNew York Supreme Court · 1812
- Deposit Bank v. Berry's adm'rCourt of Appeals of Kentucky · 1867
- Corlies & Co. v. StanbridgeSupreme Court of Pennsylvania · 1835
- Weir v. HaleSupreme Court of Pennsylvania · 1842
- Owens v. PattesonCourt of Appeals of Kentucky · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Richmond v. EnochsMississippi Supreme Court · 1915
- Albrecht v. StateMississippi Supreme Court · 1885
- Cato v. Chrystal Ice Co.Mississippi Supreme Court · 1914