Stephens v. Hood

17 Miss. 75

Opinion

Mr. Chief Justice Sharkey

delivered the opinion of the court.

A motion is made to dismiss this case; 1st, because there is no writ of error; 2d, because there should be two parties plaintiffs in error, and but one party, to wit, Stephens, is appellant; 3d because there is no appeal bond, legally executed, filed in the case; and 4th, because there is no citation returned.

The cause must be dismissed unless it is made to appear, that a writ of error issued, and in that case if it be mislaid, the parties can take an alias.

It is not true in point of fact that but one party has appealed. The citation is in the name of both. ,

An appeal bond, or rather a writ of error bond, is only necessary when it is to operate as a supersedeas. In this case, the judgment is against the plaintiffs in execution, and there is nothing to supersede.

There is a citation directed to the sheriff of Washington county, which is returned by the sheriff, “ executed.” This is sufficient.