Kittle v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Washington county. Hon. Sybney M. Smith, Judge. Kittle, appellant, was the plaintiff in the court below, and the railroad company, appellee, defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. Kittle recovered a judgment against the railroad company before a justice of the peace and the railroad company appealed to the circuit court.
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From the circuit court of Washington county. Hon. Sybney M. Smith, Judge. Kittle, appellant, was the plaintiff in the court below, and the railroad company, appellee, defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. Kittle recovered a judgment against the railroad company before a justice of the peace and the railroad company appealed to the circuit court. Thereafter the clerk of the circuit court, acting for himself in his own right and independently of the litigants, made a motion, supported by affidavit, under Code 1906, § 940, for costs; and…
1Opinion of the CourtMayes, J.
It was not within the power of the clerk of the court to accept the bond for cost after the time limit fixed by order of the court; but, under the facts in this case, we think the court should have *385allowed the bond to be filed after tbe expiration of tbe sixty days. The motion for costs was not made by appellee, nor was it made exclusively for its benefit. Tbe record does not show tbat appellee was damaged in any way by tbe failure of appellant to file tbe cost bond witbin tbe time directed by tbe court. If it were shown tbat tbe failure of appellant to comply with tbe order of tbe court…
2Cited by2 opinions
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