Chambliss v. Wood
Mississippi Supreme Court
From the circuit court of Winston county. Hon. Guión Q. Hall, Judge. Mrs. Chambliss, the appellant, was plaintiff, and Wood, the appellee, was defendant in the court below. From a judgment in defendant’s favor, sustaining a demurrer to the declaration and dismissing the suit, the plaintiff sought to appeal to the supreme court.
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From the circuit court of Winston county. Hon. Guión Q. Hall, Judge. Mrs. Chambliss, the appellant, was plaintiff, and Wood, the appellee, was defendant in the court below. From a judgment in defendant’s favor, sustaining a demurrer to the declaration and dismissing the suit, the plaintiff sought to appeal to the supreme court. She executed an appeal bond within two years next after the rendition of the judgment, but failed to have a citation in error served on the appellee or to file a transcript of the record in the supreme court until after the expiration of said time. The appellee…
1Opinion of the CourtWhitfield, C. J.
The case of Houston v. Witherspoon, 68 Miss., 188 (8 South., 515), is not authority here for two reasons: Eirst — The decree in this case was rendered in July, 1901, and the. appeal was *211consequently barred in July, 1903. The transcript was not filed in this court until September, 1903, more than two years after the rendition of the decree. Second — No citation was served on the appellee in this case, as was done in Houston v. Witherspoon. It was said in that case on this point: “In this case citation was served on the appellee, who did not avail of his right to apply to have the case docketed…
2Cases cited1 opinion
- Houston v. WitherspoonMississippi Supreme Court · 1890
3Cited by5 opinions
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- Farrish v. DavisMississippi Supreme Court · 1920