American Burial Case Co. v. Shaughnessy
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Upton M. Young, Judge. Although the judgment of dismissal was erroneous, so far as it rested on Code 1871, § 679, it was nevertheless a final disposition of the case, and could not be treated as a nullity.
Read the full summary
Appeal from the Circuit Court of Warren County. Hon. Upton M. Young, Judge. Although the judgment of dismissal was erroneous, so far as it rested on Code 1871, § 679, it was nevertheless a final disposition of the case, and could not be treated as a nullity. This judgment rests also, however, upon the additional ground that no docket fee was paid, under Acts 1876, pp. 238, 239. After rendering the judgment, the court had no further jurisdiction of the case, and the only remedy for errors, if any existed, was an appeal. The order of revivor in the appellee’s name, and all subsequent…
1Opinion of the CourtChalmers, C. J.
Suit was brought upon an indemnity bond given to M. Shaughnessy, U. S. Marshal. The suit on the bond was brought in the name of Shaughnessy for the use of Taft, the claimant of the property about to be levied on. Taft died after the institution of the suit on the bond, and his death being suggested, leave was given to revive in the name of his *400personal representatives, when known ; but at the next term after the suggestion of death, the case was by the court dismissed, upon the double ground as recited in the order of dismissal, “ that no legal representative had appeared and become a party…
2Cases cited1 opinion
- Lee v. GardinerMississippi Supreme Court · 1853
3Cited by2 opinions
- Beard v. McLainMississippi Supreme Court · 1918
- Anheuser-Busch Brewing Ass'n v. HierNebraska Supreme Court · 1898