Eustis v. Holmes

Citations

• 48 Miss. 34

Syllabus

<p>X. Chancery — appeal.—Where an appeal is granted by the chancellor in term time, under sections 1250 and 1251, Code 1871, it is necessary for him to approve the bond, and he cannot delegate this power to the clerk. Where the latter approves the bond the appeal is a nullity.</p> <p>2. Same. — In such case the party’s right to appeal is not lost, but he can appeal at any time within the three years next after the rendition of the decree.</p> <p>3. Same. — Under the statute, when the clerk grants an appeal in vacation, he is the proper person to approve the bond.</p> <p>4. Same — defects—practice.—In all cases where the appeal proceeding is merely defective, and the record is properly filed, this court will supply a writ of error; but it will not do so on motion where the appeal is void, and the record is not properly in court, and where neither the clerk of the chancery court nor any judge of this court have been applied to for a writ of error.</p>