Farrish v. Davis

Decided October 15, 1920

Mississippi Supreme Court · decided 1920-10-15

Hon. E. D. Dinkins, Judge. Proceedings between diaries Farrisli and. J. R. Davis, guardian. Judgment for the latter, and the former appeals. On demurrer to plea in bar of appeal. Section 3112, Code 1906, and Hemingway’s Code, section 2476, áre identical with section 2752 with the exception that one year instead of two years is the prescribed limitation in Hemingway’s Code.

Cited by 1 later decisions — most recently February 1946

1 state decisions

Relies on Adams Lumber Co. v. Stevenson · Chambliss v. Wood · McAllister v. Richardson

Good law ✅— No negative treatment on recordhow we know

Demurrer sustained · Decided 1920-10-15

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Smith, C. J.,

¶1delivered the opinion of the court.

¶2This cause comes on to be heard on a demurrer to a plea in bar of- the appeal, the ground of which is that the record was filed in this court more than one year after the rendition of the decree in the court below and that no citation has been served on the appellee or her counsel. It appears both from the allegations of the plea and from the record that the appeal bond was filed within one year after the rendition of the decree in the court below.

¶3This demurrer must be sustained for the reason that the filing of an appeal bond stops the running of the statute of limitation. Chambliss v. Wood, 84 Miss. 209, 36 So. 246; Lumber Co. v. Stevenson, 89 Miss. 678, 42 So. 796; McAllister v. Richardson, 101 Miss. 132, 57 So. 547. The error in the case of Beasley v. Cottrell, 94 Miss. 254, 47 So. 662, on which the appellee relies, was pointed out in McAllister v. Richardson, supra.

¶4Demurrer sustained.