Harrison County v. Rogers

Citations

• 85 Miss. 578

Syllabus

<p>Motion.</p> <p>1. Appeal. County. Exemption from bond. Code 1892, § 93. Demurrer overruled. Code 1892, § 33.</p> <p>Where a county prayed for and obtained an appeal without bond, as authorized by Code 1892, § 93, from a decree overruling its demurrer to a bill in equity, under Code 1892, § 33, authorizing an appeal from sucb a decree, if applied for and perfected within a limited time, the appeal is perfected, within the statutory time limit, where a citation in error was sued out and served within such time.</p> <p>2. Same. Lapse of time. Motion to docket and dismiss. Failure of appellee to malte.</p> <p>An appellee who has been served with a citation in error cannot, after the transcript of the record is filed in the supreme court, complain of the lapse of time less than will bar an appeal (two years, Code 1892, § 2752), between the taking of an appeal and the filing of the transcript in the supreme court, if he failed during such time to appear and move to docket and dismiss the cause. Houston v. Witherspoon, 68 Miss., 188.</p>