Parker v. Willis

Decided October 15, 1854

Mississippi Supreme Court · decided 1854-10-15

John J. Guión, judge. This was a motion made by the counsel for the defendant in error to dismiss the appeal, because the bond had not been properly approved.

Cited by 2 later decisions — most recently April 1990

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-10-15

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Mr. Justice Fisher

¶1delivered the opinion of the court.

¶2This is a motion to dismiss the appeal, on the ground that the alleged appeal bond was not approved by the court, as required by the statute. Revis. Co. p. 138, § 148.

¶3It has been long since settled by this court, that the appeal must not only be prayed in open court, but that the bond ordered to be given must also be approved by the court. The clerk has no authority either by the law or the direction of the court, to approve the bond. 1 How. 269; 2 Ib. 854; 3 Ib. 75.

¶4Motion sustained.