Mobile & Ohio Railroad v. Watly

Citations

• 69 Miss. 475

Syllabus

<p>1. Supreme Court. Oosts of appeal. Mandate. Oode 1880, ? 1442.</p> <p>The clerk of the supreme court cannot be compelled to certify to the court below a final judgment or decree rendered by the supreme. court until the costs of the appeal, including all costs for which he may issue execution, shall be paid. • Code 1880, § 1442.</p> <p>2. Same. Code 1880, § 1442. “ Final judgment or decree.”</p> <p>A final judgment or decree, within the meaning of ? 1442, code 1880, is not necessarily one that terminates the litigation in the cause, but one that disposes finally of the appeal.</p>