Society of New York Hospital v. Knox
Mississippi Supreme Court
This is a motion to docket the ease for hearing at the present term of court, on the following state of facts: At the term at which the decree was rendered, the appeal was prayed by a written petition to the court which made an order granting it on the appellant’s giving bond. An order was made of record by the court approving the bond, when presented, and perfecting the appeal, and upon the same day the appellee’s counsel acknowledged notice thereof.
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This is a motion to docket the ease for hearing at the present term of court, on the following state of facts: At the term at which the decree was rendered, the appeal was prayed by a written petition to the court which made an order granting it on the appellant’s giving bond. An order was made of record by the court approving the bond, when presented, and perfecting the appeal, and upon the same day the appellee’s counsel acknowledged notice thereof. Five days afterwards, .this court met. argued orally and in writing. Code 1871, § 431, provides that where appeals are granted by the clerk, he…
1Opinion of the CourtGeorge, C. J.
It is objected that this case cannot be docketed for trial at this term of court, but should be docketed at the October Term. The appeal was taken on April 14, less than ten days prior to the commencement of this term, and it is insisted that in such case the appeal is properly returnable to the next succeeding term. This is true of appeals granted after the term in which the decree appealed from is entered, for as to them *602Code 1871, § 431, requires citation to be issued and served on the appellee ten days prior to the return day of the appeal. But no citation is required when the appeal is…
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