Franklin County MsArchives Court.....Porter, Mr 1839
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Source: Reports Of Cases Argued And Determined In The High Court Of Errors And Appeals Of The State Of Mississippi
Written: 1839

Porter, Appellant, v. Grisham.

pages 75-76

An appeal bond as well as the security must be approved of by the court.

Where the court only approved of the security and authorised the bond to be 
given any time within thirty days: Held, insufficient.

Causes can be brought into this court by appeal or writ of error, but to give 
jurisdiction to the court, the requisitions of the law in relation to 
obtaining such writ or appeal must be strictly complied with.

APPEAL from the decision of the probate court of Franklin county.

Stewart, for the appellant.
Boyd, contra.

Mr. Justice PRAY delivered the opinion of the court, which states sufficiently 
the only question arising in the cause.

This cause purported to come up on an appeal from the court of probate of 
Franklin county.

On examining the record we find the following entry:

"And, afterwards, to wit, at the same term of the court, the said respondent 
prayed an appeal from the opinion, and decision of the court to the High Court 
of Errors and Appeals of the state of Mississippi, which appeal was granted 
upon the respondent entering into bond conditioned as the law directs in the 
penal sum of two hundred dollars, within thirty days with Thomas Harris 
security, who is approved of by the court."

In the Rev. Code, p. 30, sect. 12, are the following provisions in relation to 
appeals from the court of probate:

Any person who may conceive himself or herself aggrieved by any judgment, 
decree, decision or order of the court of probate, shall have the liberty of 
appealing to the High Court of Errors and Appeals, upon the appellant giving 
bond with good and sufficient security approved of by the said court, and in 
such sum as they shall direct to the judge thereof."

The question presented is whether this court can take jurisdiction of a cause 
under an appeal as taken in the present case?

To constitute an appeal, the appellant must give bond with good and sufficient 
surety approved of by the court below. In the present case the court only 
approved of the surety and authorised the bond to be given any time within 
thirty days. This we deem insufficient. The bond as well as the surety must be 
approved by the court; for what advantage would the appellee derive from good 
surety if the bond were fatally defective?

Causes can be brought into this court by appeal or writ of error; but to give 
the court jurisdiction, the requisitions of the law, in relation to the 
obtaining such appeal or writ, must have been strictly complied with.

The law not having been complied with in the present case, the cause must be 
stricken from the docket.


Source: Reports of Cases Argued and Determined in the High Court of Errors and 
Appeals of the State of Mississippi, by Volney E. Howard, Reporter to the 
State; Vol. III; Containing the Cases for December Term, 1838, and January 
Term, 1839. NEW ORLEANS: E. JOHNS & CO., STATIONERS’ HALL, 1839.

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