Houston v. Witherspoon
Mississippi Supreme Court
Motion in supreme court. Judgment was rendered in the circuit court of Lafayette county against appellants, J. J. Houston et al., in favor of appellee on the 10th day of April, 1889. On June 4, 1889, the parties perfected an appeal to the supreme court by filing a petition and giving bond, without supersedeas. Summons on this appeal, returnable to the October term, 1889, was served the next day on the attorneys of record of the appellee.
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Motion in supreme court. Judgment was rendered in the circuit court of Lafayette county against appellants, J. J. Houston et al., in favor of appellee on the 10th day of April, 1889. On June 4, 1889, the parties perfected an appeal to the supreme court by filing a petition and giving bond, without supersedeas. Summons on this appeal, returnable to the October term, 1889, was served the next day on the attorneys of record of the appellee. No steps were taken in the supreme court until December 20, 1890, when the transcript of the record was filed and the appearance of appellee was entered.…
1Opinion of the CourtCampbell, J.
In McFatter v. The State, April term, 1888, of this court, the record shows that MeFatter was convicted and sentenced to fine and imprisonment for a misdemeanor, on June 1, 1885, and immediately perfected an appeal to this court, and gave bond for his appearance to answer the charge, after the decision of this court, as provided by law, and, not prosecuting his appeal, permitted the matter to stand as it was until December, 1887, when a transcript of the record was filed in this court. As the convict had obtained a stay of the judgment by his appeal and bond, and delayed to prosecute his…
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