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Zeman v. Stanford

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eBook details

  • Title: Zeman v. Stanford
  • Author : Mississippi Supreme Court
  • Release Date : January 10, 2001
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

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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