Nesbit v. Rodewald

Citations

• 43 Miss. 304

Syllabus

<p>1. Appeals prom Chancery. — Appeals from Chancery in this State have always been regulated by statute. Ordinarily they should be applied for to, and granted by, the court whose proceedings are sought to be reviewed.</p> <p>2. Authority to Grant Appeals__Erom all such interlocutory orderB as effect the title to, or the possession of property, or direct the payment of money, or the like, an appeal may be granted by the court in term time, or by the judge in vacation, if applied for within twenty days after the rendition of the decree or order complained of; and the court or judge shall determine whether such appeal shall or shall not operate as a supersedeas. Rev. Code 555, art. 102. But the clerk of the court has no power lo allow appeals or writs of error in chancery, in any case. His functions are limited to the entering of appeals, approving bonds, issuing summons, etc.</p> <p>3. Apbeal as a Matter of Right__-Art. 101, Rev. Code, 555, provides that an appeal, suspensive in its operation, may be taken from any order of the court overruling a demurrer to a bill, and may be allowed before the defondant shall be required to answer. The chancellor has no discretion to grant or disallow the appeal. The party is entitled to it as a matter of right.</p> <p>1. Leave to file Supplemental Bill. — An order, granting leave to file a supplemental bill,, is not such an order as may be appealed from. If error can be predicated of it, at all, it can only be when the case shall be brought to this court upon final decree, when the whole case is open for review.</p>