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99 Miss. 28

Turner v. Simmons

Mississippi Supreme Court

Decided October 15, 1910

Mississippi Supreme Court · decided 1910-10-15

EOon. Sam Whitman, Jr., Chancellor. Bill by Mary Simmons against John H. Turner. From a decree overruling a demurrer to the bill, defendant appeals. The facts are fully stated in the opinion of the court.

Key passage — most relied on by later courts

““The authority of chancery courts to grant appeals from decrees overruling demurrers is contained in section 34, Code 1906, which provides that ‘such appeals must be applied for and bond given within ten days after the demurrer is overruled, if in term time.’ Statutes limiting the time within which appeals shall be taken are both mandatory and jurisdictional, and must be strictly complied with. The court is without power to ingraft any exception on the statute. When the statute is not complied with, the supreme court is without jurisdiction of the cause, which will be dismissed, either on motion of appellee or by this court of its own motion. This court is without power to make any other order. 2 Ency. Pl. & Prac. 239-243, and notes.””

quoted by 2 later decisions, including Perkins v. State ex rel. Roberson, 569 So. 2d 1148 - Moore v. Sanders

Good law ✅— No negative treatment on recordhow we know

Decided 1910-10-15

How this case has been cited

Cited by 4 later decisions — most recently August 2003

4 state decisions

101910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Anderson, J.,

¶1delivered the opinion of the court.

¶2Appellee, Mary Simmons, filed her bill in the. chancery court of Newton county against the appellant, John BE. Turner, to which bill appellant interposed a demurrer, which was by the court on the 14th of June, a day of the regular June term, 1909, overruled. From this decree overruling the demurrer, the court, on the same day it *29was entered, made an order granting this appeal to settle the principles of the cause. The appeal bond is dated June 29th, 1910, and marked approved and filed by the clerk July 14th, 1910; such date, approval, and filing being, therefore, more than ten days after -the decree overruling the demurrer and granting the appeal.

¶3The authority of chancery courts to grant appeals from decrees overruling demurrers is contained in section 34, Code 1906, which provides that “such appeals must be applied for and bond given within ten days after the demurrer is overruled, if in term time.” Statutes limiting the time within which appeals shall be taken are both mandatory and jurisdictional, and must be strictly complied with. The court is without power to ingraft any exception on the statute. When the statute is not complied with, the supreme court is without jurisdiction of the cause, which will be dismissed, either on motion' of appellee or by this court of its own motion. This court is without power to make any other order. 2 Ency. PI. and Prac. 239'-243, and notes.

¶4Appeal dismissed.

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