Yazoo & Miss. V. R. R. v. James

Citations

• 108 Miss. 656
• 67 So. 152

Syllabus

<p>1. Appeal and Error. Necessity, of leave. Final decree. Supersedeas. Interlocutory decree. Necessity to settle principles. Order granting appeal.</p> <p>Granting leave to appeal is unnecessary if the decree appealed from is final.</p> <p>2. Appeal and Error. Granting supersedeas. Final decree.</p> <p>Where a supersedeas does not follow an appeal as a matter of right upon compliance with section 50, Code 1906, any supreme judge has the right to grant it under Code 1906, sebtion 56.</p> <p>3. Appeal and Error. Power to allow. Interlocutory decree.</p> <p>If an appeal from an interlocutory decree to settle the principles-of the case is not allowed by the chancellor under Code 1906,. section 35, it may be allowed by a judge of the supreme court under section 4908, Code 1906.</p> <p>4. Interlocutory Decree. Necessity for settling principles.</p> <p>In determining whether or not an appeal was properly granted' under Code 1906, section 35, and section 4908, the merits of the controversy between the parties to the cause is immaterial, and will not be looked into in order to ascertain whether or not the-appeal should have been granted. The only question to be determined is whether or not the appeal will settle the principles-of the particular case so that the court below may thereafter have a definite guide which it must follow in the trial thereof. If a decision of the question raised on the appeal will result in settling the principles of the case, it will be retained and heard.</p> <p>5. Same.</p> <p>That the abstract proposition of law involved in the appeal may have been heretofore decided by the supreme court, is not necessarily controlling in determining whether it should be granted, the object of “the statute being to settle the law of the particular ease.</p> <p>6. Same.</p> <p>An appeal of this character is not a matter of right, but rests in the discretion of the chancellor, or a member of the supreme court, which discretion should be cautiously exercised, and