Leigh v. Deas

Mississippi Supreme Court

Leigh v. Deas

267 So. 2d 318, 1972 Miss. LEXIS 1419

CourtMississippi Supreme Court

DecidedOctober 9, 1972

DocketNo. 46779

StatusPublished

Cited by1 cases

This text of 267 So. 2d 318 (Leigh v. Deas) 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

Leigh v. Deas, 267 So. 2d 318, 1972 Miss. LEXIS 1419 (Mich. 1972).

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Opinion

JONES, Justice:

This attempted appeal is from an interlocutory decree of the Chancery Court of Hancock County. The provisions of Section 1148, Mississippi Code 1942 Annotated (1956) were not followed. In particular, no bond was filed either in the chancery clerk’s office or in the Supreme Court clerk’s office within thirty days after the decree from which the appeal is attempted. It is also problematical whether the appeal would settle the controlling principles of the case. To settle all principles, the case would have to be reversed. If affirmed, it would have to be remanded for a trial. Therefore, the appeal is dismissed for lack of jurisdiction.

Appeal dismissed for lack of jurisdiction.

GILLESPIE, C. J., and SMITH, ROBERTSON and SUGG, JJ., concur.

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JONES, Justice:

This attempted appeal is from an interlocutory decree of the Chancery Court of Hancock County. The provisions of Section 1148, Mississippi Code 1942 Annotated (1956) were not followed. In particular, no bond was filed either in the chancery clerk’s office or in the Supreme Court clerk’s office within thirty days after the decree from which the appeal is attempted. It is also problematical whether the appeal would settle the controlling principles of the case. To settle all principles, the case would have to be reversed. If affirmed, it would have to be remanded for a trial. Therefore, the appeal is dismissed for lack of jurisdiction.

Appeal dismissed for lack of jurisdiction.

GILLESPIE, C. J., and SMITH, ROBERTSON and SUGG, JJ., concur.

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Bluebook (online)

267 So. 2d 318, 1972 Miss. LEXIS 1419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leigh-v-deas-miss-1972.

Opinion

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