Nesbit v. Rodewald
Mississippi Supreme Court
Appeal from the chancery court of Yazoo county. Shackleford, J. The appellants filed the following assignment of errors: 1st. The court below erred in granting leave to file the supplemental bill. 2d. The court below erred in overruling the appellant’s demurrer to the supplemental bill. The appeal comes to us indirectly from the civil law, but ■directly from the English law.
Read the full summary
Appeal from the chancery court of Yazoo county. Shackleford, J. The appellants filed the following assignment of errors: 1st. The court below erred in granting leave to file the supplemental bill. 2d. The court below erred in overruling the appellant’s demurrer to the supplemental bill. The appeal comes to us indirectly from the civil law, but ■directly from the English law. The term “ petition of appeal,” in art. 103, Rev. Code, is borrowed from the proceeding on appeal in the English court of chancery. In England the appeal was a matter of right as to all orders or decrees, whether…
1Opinion of the Court
Simrall, J.:
This cause was submitted on motion of appellees to dismiss.
1st. Because the appeal is from an interlocutory decree of the chancery court, and was not granted by the judge or court; and
2d. Because the appeal was granted by the clerk.
The appellees on the 16th June, A. D. 1869, filed a supplemental bill against Nesbit and others by the leave of the court. On the same day the appellant, Nesbit, had filed a demurrer to the supplemental bill. On the 17th of the same month, the court overruled the demurrer with leave to Nesbit to answer within sixty days. On the 30th of August of same…
2Cases cited1 opinion
- Brown v. TroupMississippi Supreme Court · 1857
3Cited by3 opinions
- Libby v. Southern Pacific Co.Oregon Supreme Court · 1923
- Johnson v. JonesMississippi Supreme Court · 1876
- Kimball, Raymond & Co. v. Alcorn & FisherMississippi Supreme Court · 1871