Belzoni Land Co. v. Robertson

Citations

• 125 Miss. 338
• 87 So. 669

Syllabus

<p>1. Appeal and Error. Supreme Court judge has power to grant appeals with supersedeas from judgment establishing lost record.</p> <p>A judge of the supreme court has power, under section 4908, Code 1906 (section 3186, Hemingway’s Code), to grant an appeal with supersedeas to the supreme court from a final judgment of a circuit court establishing a lost record of such court.</p> <p>2. Appeal and Error. Judgment, establishing lost record, from which appeal with supersedeas pending, not admissible in another suit as evidence.</p> <p>The record of a court, which hás been lost and which has been' re-established under section 3173, Code of 1906 (section 2514, Hemingway’s Code), and from which judgment re-establishing it an appeal with supersedeas has been prosecuted to the supreme court and is pending, cannot be used in evidence in another suit pending such appeal. The effect of the supersedeas is to prevent the use of the judgment during the time it is superseded. The judgment appealed from lies dormant, and no action can be taken which depends upon the judgment for its validity. MeConnieo v. State, 107 Miss. 265, 65 So. 243, cited.</p>