Turner v. Simmons

Citations

• 99 Miss. 28
• 54 So. 658

Syllabus

<p>1. Time eor Appeal. Failure to give bond in time. Dismissal Code 1906, section 34.</p> <p>Under Code 1906, § 34, appeals from decrees overruling demurrers “must be applied for and bond given within, ten days after the demurrer is overruled, if in term time.”</p> <p>2. Same. ,</p> <p>This statute is both mandatory and jurisdictional and must be strictly complied with, and the court is without power to graft any exceptions on the statute.</p> <p>3. Same.</p> <p>Where the statute is not complied with the supreme court is without jurisdiction of the cause and the same will be dismissed either on motion of appellee or by the court of its own motion.</p>