Adams v. Carter
Mississippi Supreme Court
From the circuit court of Sunflower county. Hon. Sydney M. Smith, Judge. MOTION TO DISMISS APPEAL AND MOTION TO STRIKE SEVERAL PAGES EROM THE RECORD. Adams, state revenue agent, appellant, was plaintiff in the court below; Carter and others, appellees, were defendants there. From a judgment in plaintiff’s favor for only a part'of his demand he appealed to the supreme court.
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From the circuit court of Sunflower county. Hon. Sydney M. Smith, Judge. MOTION TO DISMISS APPEAL AND MOTION TO STRIKE SEVERAL PAGES EROM THE RECORD. Adams, state revenue agent, appellant, was plaintiff in the court below; Carter and others, appellees, were defendants there. From a judgment in plaintiff’s favor for only a part'of his demand he appealed to the supreme court. The appellees moved a dismissal of the appeal because the appellant had enforced and accepted payment of the judgment, and the appellant moved to strike from the record several pages containing matters occurring subsequent…
1Opinion of the CourtMayes, J.
The motion to dismiss the appeal, because the appellant has *579accepted tbe amount due on tbe judgment appealed from since tbe taking of the appeal, is not the proper way to raise tbe question, and therefore tbe motion to dismiss must be overruled. Tbe only way to raise tbe question in tbis court is by a plea in bar, supported by proper evidence.* Tbe question not having been so raised, tbe motion must be overruled, without prejudice to tbe right of tbe appellee to present tbe question in tbe proper way within thirty days from date of tbis judgment.
Tbe motion to strike out tbe designated four…
2Cited by2 opinions
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