The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-07-28
ABSENT APPELLEE.

ABSENT APPELLEE.
When the appellee is a nonresident, or his
residence is unknown, and he has no attorney
in this State, notice Of the appeal may be
given Republication. Ill20.
MOTION TO DISCHARGE sUFERsEDEAs.
May be made ia Supreme Court on ten days
notice to the opposite party. 1921.
JUDGMENT IN CERTAIN CASES.
"In case the judgment or decree Of the
court below shall be affirmed, or the appellant
shah fail to prosecute his appeal to effect, the
supreme court shall render judgment against
/ the appellant for damages, at the rate Of five
/ per centum and costs, follows to-wit: IF
/ the Judgment decree affirmed be for
I Of money adIudged or decreed against the
/ appellant, the damages shall be upon such
sum il the judgment or decree be fog the pos
session Of real orpersoual property, the DANA
ges shall be assessed on the value of such
property; if the judgement or decree be for
the dissolution OF an injunction OF other re-
. straining process, at law or in Chan0ery, the
damages shall be imputed on the amount due
the appellee, and which was eujoiucd, or re-
strained if the judgment or decree be for the
dissolution of an injunction or other restrain
. ing process, to certain property, real or
personal, or a certain interest IN any such
/ property, or be judgment or decree for the
sale of properly, some interest in it, To salts
fy out OF the proceeds OF such sale, or TO
Z enforce or establish lien or charge or claim
. some interest IN SuCH property. and
( the only matter complained OF on such appeal
( is the decree to some particular property or
claim on it, the damages shall be computed on
the value of the property or the interest IN il,
! if the value of such property IT interest in it
is less than the judgment or decree against il,
but If the value of the property or interest in
it Is greater than the amount of the judgment
or decree against it. the damages shall be
upon the judgme mt or decree" l422.
WHERE AMOUNT DOES Nof APPEAR.
IF the velue Of the properly or the interest
in it, which is in controversy, does not appear
in the record, a to fix the amount Of DANA
ges by the judgmentof the supreme court, judg-
ment shall be rendered 10y said court for DANA
ges at five per centum on the value Of the prop
erty or interest in dispute, or the amount Of the
judgment or decree against it, whichever shall
be found to be the smaller, to BE ascertained
in the court below, on she remaining of the
case, by writ Of inquiry in the circuit court
on reference to a mas ter in chancery, and the
Gee made be remanded for the damages to be
ascertained in the court below. and execution
may be issued on the Judgment of affirmance,
as in other cases and, afterwards, another
execution may be issued for the damages
when asccrtafued." Z 1923.
COSTS on AFFIRMANCE OF CERTAIN DECREE.
IF decree overruling a demurrer in q
court Of Shancery be appealed from, before an
answer as provided for, and be affirmed or
dismissed, an attorney foe of fifty dollars
shall be taxed 2 part of the costs of such
appeal and be collected as other costs, aud
paid to the complainant in the court below"
1924.
This section viii have the effect to prevent
appeals in these cases by way of experiment,
and for delay.
JUDGMENT on BOND.
In case any bond may nave been given for
super ssdeas, judgment shall be entered
against the principal and sureties as above
provided; or if not for supersedeas, then for
costs, if adiudged against the appellant.
1856.
VOLUNTARY DISMISSAL.
fanny appellant shall voluntarily dismiss
his appeal after the transcript Of the record
has been filed in the supreme court, he shall
be liable TO judgment by said court, az in case
of an afirmance Of the Judgment or decree.
1929.
PROCEEDINGS IN CRIMINAL CASES.
Section All, Code ISL, is re-enacted
1870.
TERM OF IMPRISONMENT.
In case of the afirmance of judgment for
imprisonment, if the appellant has remained
in jail, the time shall be credited to him, but
if he has been on bail he shall be imprisoned
for the full term fixed by the judgment APP
pealed from. 1431.
APPEARANCE TO RECEIVE JUDGMENT II
FELONY.
"Ifthe appellant in case of felony is on
bail he shall appear before the supreme court
to receive judgment and in case Of an affirm
ance of the Judgment, he shall be committed
by the court to the custody Of its officer, who
shall deliver him to the keeper Of the Peniten-
tiary, and if the judgment of the court below
shall be reversed, the said appellant shall ap-
pear before the proper circuit court to answer
according to the condition of his bond or recog-
nizance, failing in which he may be proceeded
against as in any case of failure to appear as
obliged to dc, in the circuit court to answer
upon a criminal charge" Z 1872.
JUDGMENT NOT REVERSED FOR CERTAIN
ERRORS
''No judgment in any criminal case shall be
reversed because the transcript of the record
does not show a proper organization Of the
court below or of the grand jury, or that the
prisoner was present IN court during the trial
or any part of it, or that the court asked him
If he had anything 10 say why judgment shall
not be pronounced against him upon the YER
dict; nor shall any such judgment be reVers-
ed, because OF any error or omission in the
case in the court below, unless the record
shows that the errors complained of wefe
made ground of special exception in such
court l433.
AFFIRMANcE IN CAPITAL CASES.
Section 2814, Code 1871, is re-enacted. 2 IA
"a.
1t shall be the duty Of the clerk Of the court
to which the mandate is sent forthwith to de-
liver copy of the sentence to the Sheriff,
which shall be the warrant for executing the
convict. 1875,
REVERSAL.
If a new trial shall be granted in a felony
case and the person shall be in custody, he