Hughes v. Kaw Inv. Co.

Citations

• 129 Miss. 434
• 91 So. 702

Syllabus

<p>1. Appeal'and Error. Appeal bond is valid though executed and approved before entry of decree appealed from.</p> <p>An appeal bond is valid though executed and approved before the entry of the decree to be appealed from, and when the decree is entered will transfer the cause to the supreme court.</p> <p>2. Appeal and Ekkok. Cause loill not be dismissed for clerk’s failure to file record in supreme court of decree entered after giving of appeal bond.</p> <p>Where a decree was rendered but not entered on the minutes of the court, and a bond for an appeal to this court was executed by the party against whom the decree was rendered, and thereafter in vacation the chancellor made an order directing the clerk to enter the decree as rendered, the clerk should file the record in this court; but the case will not be dismissed because of his failure so to do, though he was instructed not to so file the record by counsel for the appellant, who acted in good faith, under the mistaken belief that both the bond and order of the chancellor were void, provided no harm has resulted to the ap-pellee from the delay.</p>