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10 Miss. 52

Mattheny v. Totten

Mississippi Supreme Court

Decided January 15, 1844

Mississippi Supreme Court · decided 1844-01-15

In error, from the Copiah circuit court. By the bill of exceptions filed in the record, it appears that at the May term, 1841, Mattheny moved the court “ to set aside the bond of William Hudson, and others, given to Joseph S'.-Totten, for the purchase money of the property sold under the original execution,” setting out several grounds for the motion, “ but the court overruled the motion to set aside the bond, as also a motion ■ to quash the same, for the same reasons.”…

Decided 1844-01-15

Mr. Justice Thaohek,

¶1delivered the opinion of the court.

¶2This is writ of error to Copiah county. The 'writ seems to have been sued out for'the purpose of reversing the judgment of the court below, in refusing, upon motions, to set aside, and quash a bond given for the purchase of property under the valuation law.

¶3The bill of exceptions in the rec'ord, does not set out the bond in question, nor the execution, and therefore, gives us nothing by which-we can judge of the merits of the errors alleged.

¶4*53It has been repeatedly decided by this court, and recently in 6 Howard, 580, Huston, et al. v. Hayter, Administrator, that this court will not consider a forthcoming bond, and the execution thereon, as a part of the record, although they appear in the transcript, unless they are recited in the bill of exceptions.

¶5Upon a like ground, we see nothing in the record that calls upon us, in this case, to reverse the judgment below.

¶6. Judgment affirmed.

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