Opinion
No. 41380.
September 28, 1959.
1. Appeal — limitation of actions — appeals to Supreme Court.
Appeal to Supreme Court must be taken within 90 days next after rendition of judgment or decree complained of. Sec. 753, Code 1942.
2. Supreme Court — appeal — limitation of actions — appeal not timely taken.
Where final decree was dated and filed on September 24, 1958 but appeal bond was not filed until February 17, 1959, appeal was not timely. Sec. 753, Code 1942.
Headnotes as approved by Lee, J.
APPEAL from the Chancery Court of Harrison County; WILLIAM G. HEWES, Chancellor.
Rushing Guice, Biloxi; Viola J. Hilbert, Gulfport; Thos. Y. Minniece, Meridian, for appellants.
White White, Gulfport; Blass Parsons, Wiggins; Jo Drake Arrington, Rae Bryant, Gulfport, for appellees.
ON APPELLEES' MOTION TO DOCKET AND DISMISS.
(Hn 1) Appeals to this Court must be taken within ninety days next after the rendition of the judgment or decree complained of. Section 753, Code of 1942, Rec.; Davidson v. Hunsicker, 224 Miss. 203, 79 So.2d 839. (Hn 2) The final decree here in question was dated and filed on September 24, 1958, but the appeal bond was not filed until February 17, 1959. Obviously the above statute of limitations applies and the appeal must be dismissed.
Appeal dismissed.
McGee, C.J., and Kyle, Holmes, and Arrington, JJ., concur.