Griffith v. Bourn

Citations

• 109 Miss. 360
• 69 So. 177

Syllabus

<p>Appear and Eeeor. Appeal to settle principles of case. Time for filing bond. Statutes.</p> <p>Section 34, Code 1906, provides that an appeal from the overruling of a demurrer must be applied for, and bond given within ten days after the demurrer is overruled, if in term time. Section 35 provides that an appeal to settle the principles of a case shall be applied for within ten days from the date of the order or decree complained of, and bond shall be given and approved as in appeals from a decree overruling a demurrer. While the language of the two sections is somewhat different, the meaning is practically the same, and so an appeal under section 351 of the code to settle the principles of the case, must not only be applied for within ten days after date of the order or decree complained of, but the bond therefore must be given within the same time, and if this is not done the appeal will be dismissed.</p>