Town of Tutwiler v. Gibson

Citations

• 117 Miss. 879
• 78 So. 926

Syllabus

<p>1. Appeal akd Ebbor. Motion to Dismiss Appeal. Effect.</p> <p>A motion to dismiss an appeal because taken after tbe expiration of tbe time allowed by statute will be treated as a plea in bar of tbe appeal.</p> <p>.2. Same.</p> <p>Where tbe reco.d contains neither a petition nor a bond for appeal, under section 47, Code 1906, (Hemingway’s Code, section 23), the appeal must be considered as haying been taken at the time the record was filed in the supreme court.</p> <p>3. Appeal ahd Error. Time foi- appeal. Municipal corporations.</p> <p>' Section 104, constitution 1890, and Code 1906, section 3096 (Hemingway’s Code, section 2460,), Providing that the statute of limitations in civil cases shall not run against municipal corporations have no application to appeals, since the right of appeal exists only by virtue of statute and section 3112 (Hemingway’s , Code, section 2476), fixing the time for taking appeals must be-construed with section 33, Code 1906 (Hemingway’s Code, section 8), authorizing appeals.</p>