Nickles v. Kendrick

Citations

• 76 Miss. 334

Syllabus

<p>1. Computation op Timb. Code 1893, § 1535.</p> <p>Under code 1893, § 1535, providing a rule for the computation of time, if a bond be required to be given within a designated number of days from a certain date, if the last day fall upon Sunday it must be excluded from the count and the first day included. CurUs v. Blair, 36 Miss., 809, distinguished.</p> <p>3. Circuit Court. Order requiring new bond. Penalty of dismissal. Ju■risdietion. Code 1893, §91.</p> <p>If the circuit court, in a case appealed to it, requires an additional appeal bond to be given within a limited time, under code 1893, § 91, and the order therefor provide, that in ease of failure “ then the appeal herein be dismissed,” failure to give bond within the time limited does not operate as a dismissal, the order being interlocutory, and the circuit court retains jurisdiction until final judgment dismissing the appeal.</p>