Beasley v. Cottrell
Mississippi Supreme Court
Erom the chancery co-urt of Clay county. Hon. John Quitman Robbins, Chancellor. Mrs. Cottrell, appellee, was complainant in the court below Beasley, appellant, was defendant there.
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Erom the chancery co-urt of Clay county. Hon. John Quitman Robbins, Chancellor. Mrs. Cottrell, appellee, was complainant in the court below Beasley, appellant, was defendant there. Erom a final decree in complainant’s favor defendant appealed to the supreme court.- The final decree in favor of complainant, Mrs. Cottrell, was rendered May 16, 1906. Bond for appeal was filed in the uourt below May 16, 1908, but a citation for appellee was not issued until November 14, 1908, nor was the transcript of the record received by the clerk of the supreme court until November 19, 1908. Appellee moved a…
1Opinion of the Court
Fletcher, J".,
delivered the opinion of the court.
While the appeal bond in this case was given within the two years mentioned in the statute, yet the citation was not served upon the appeal, nor was the transcript filed in this court within two years next after the rendition of the judgment. Under the authority of Chambliss v. Wood, 84 Miss. 209, 36 South. 246, we are compelled to sustain this motion, and dismiss this appeal. So ordered.
2Cases cited1 opinion
- Chambliss v. WoodMississippi Supreme Court · 1904
3Cited by3 opinions
- McAllister v. RichardsonMississippi Supreme Court · 1911
- Cassidy v. Central Lumber Co.Mississippi Supreme Court · 1953
- Farrish v. DavisMississippi Supreme Court · 1920