Denson v. Thigpen

Citations

• 114 Miss. 62
• 74 So. 787

Syllabus

<p>Appeal and Ebeoe. Trial on record. Re-establishment of lost bond. Remand.</p> <p>Where the judgment appealed from finds no support in the record because it does not appear that any forthcoming bond, on which defendant appellant is a surety, was in fact executed, the case having been remanded to the docket, and continued so that plaintiff appellee might have a copy of the bond certified to the supreme court by the clerk of the court below, but counsel for plaintiff appellee has made no attempt to re-establish and have certified the bond alleged to have been lost since rendition of the judgment appealed from, counsel, in lieu of such a step, having made and filed an affidavit stating that he personally knows that such bond was executed and was before the trial court when judgment was rendered, the cause will be remanded to the docket, and continued for re-establishment of the lost bond in the court below under Code 1906, section 3173, and its certification to the supreme court, since the supreme court must try the cause by the record, and not upon statements of counsel not sustained thereby.</p>