New Orleans & N. E. R. v. Catts
Mississippi Supreme Court
Appeal from the circuit court of Jones county. Hon. P. B. Johnson, Judge. Suit by S. J. Catts against the New Orleans & North Eastern Railroad Company. Prom a judgment for plaintiff, defendant appeals. On motion to strike from the record the transcript of the stenographer’s notes and to dismiss. Motion denied. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Jones county. Hon. P. B. Johnson, Judge. Suit by S. J. Catts against the New Orleans & North Eastern Railroad Company. Prom a judgment for plaintiff, defendant appeals. On motion to strike from the record the transcript of the stenographer’s notes and to dismiss. Motion denied. The facts are fully stated in the opinion of the court. This case falls squarely within the rule announced by the court in the very recent case of Yazoo é Mississippi Valley Railroad Company v. Dampeer, 66 So. 814. We submit that the motion should be sustained. There is no provision in…
1Opinion of the CourtStevens, J.
The only question of interest presented by this motion is whether, under section 797 (a), chapter 111, Laws 1910, a person desiring to appeal is required to file with the clerk of the court a copy of the notice served on the stenographer “within thirty days of the adjournment of court.” The statute in question provides that notice in writing shall be given and served on the stenographer within the thirty days, and also provides:
“In either case the attorney making the request shall file with the clerk of the court a copy of the notice with a statement as to how the notice was served.”
The…
2Cited by4 opinions
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- Drew v. CastonMississippi Supreme Court · 1931
- Jennings v. Lowery BerryMississippi Supreme Court · 1927