Barrier v. Kelly

Mississippi Supreme Court

Barrier v. Kelly

81 Miss. 266

CourtMississippi Supreme Court

DecidedOctober 15, 1902

StatusPublished

Cited by6 cases

This text of 81 Miss. 266 (Barrier v. Kelly) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barrier v. Kelly, 81 Miss. 266 (Mich. 1902).

Pincite

Opinion

Calhoon, J.,

delivered the opinion of the court.

We cannot take cognizance of this appeal because it has no warrant of law. The same order sustains a demurrer to the bill, gives sixty days to amend it, and yet allows an appeal to “ settle the principles of the case. ” Non constat but appellant would conclude to amend. He may have done so, for aught we know, since June 20th, the date of the decree.

In order that a decree may be appealed from, it must be final as to its subject.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Calhoon, J.,

delivered the opinion of the court.

We cannot take cognizance of this appeal because it has no warrant of law. The same order sustains a demurrer to the bill, gives sixty days to amend it, and yet allows an appeal to “ settle the principles of the case. ” Non constat but appellant would conclude to amend. He may have done so, for aught we know, since June 20th, the date of the decree.

In order that a decree may be appealed from, it must be final as to its subject.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

81 Miss. 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barrier-v-kelly-miss-1902.

Opinion

Related

Cite This Page — Counsel Stack