Zeman v. Stanford - Mississippi Supreme Court

Zeman v. Stanford

By Mississippi Supreme Court

  • Release Date - Published: 2001-05-10
  • Book Genre: Law
  • Author: Mississippi Supreme Court
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Zeman v. Stanford Mississippi Supreme Court read online review & book description:

Appeal and Error — Appeal from Final Order — What Constitutes Final Order — Dismissed as not Taken Within Time. 1. Subdivision 4, section 9732, Revised Codes 1921, as amended by Chapter 39, Laws of 1925, provides that an appeal from a final order must be taken within sixty days after it is made or entered. On July 1 the district court made an order, entered in the minutes, vacating one confirming a sale of real property belonging to an estate. On July 12 a formal order was made and filed. On September 7 an appeal was taken from the latter order. Held, that the order of July 1 was the order from which the appeal should have been taken; that the order made on July 12 did not alter or amend the former one nor extend the time within which the appeal could be taken; that therefore the appeal was not taken within the sixty-day period prescribed by subdivision 4 of section 9732 above and was vulnerable to a motion to dismiss.

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