Ellis v. Sutton

Citations

• 122 Miss. 691
• 84 So. 909

Syllabus

<p>Appeal and Ebror. Limitation of time within which appeal bond should, be filed, held, not waived,.</p> <p>The limitation provided by section 85, Code 1906 (Hemingway’s Code, section 10), on the time in which appeal bonds in interlocutory appeals must be given is not waived by an agreement between counsel that the appeal bond need not be filed, and that the issuance of execution on the decree should await the final determination of the cause, nor is’ the appellee estopped thereby from pleading the limitation, when he afterwards has an execution issued in violation of the agreement.</p>