Adams Lumber Co. v. Stevenson

Citations

• 89 Miss. 678
• 42 So. 796

Syllabus

<p>1. Appeals. Statute of limitation. Code 1892, § 46. Ib., § 2752. Filing bond.</p> <p>Under Code -1892, § 46, providing that, where no petition for an appeal is filed, it shall be considered to have been taken when the appeal bond .was filed, or, if there be no bond, from, the time of filing the transcript of the record in the office of the clerk of the supreme court, the filing of the bond stops the running of limitations against the appeal.</p> <p>2. Same. Dismissal. Failure to prosecute.</p> <p>Where a case on appeal was not returnable until the call of the docket for the district from which it came, and before that time the citation had been served for more than the period of ten days, a motion to docket and dismiss the appeal because of’ delay in the prosecution, thereof should be denied.</p> <p>3. Same. Previous cases explained.</p> <p>Houston v. Witherspoon, 68 Miss., 188, and Chambliss v. Wood, 84 Miss., 209, explained.</p>