154 Miss. 611 122 So. 537

Inman v. Travelers’ Ins. Co.

(Division A.

May 27, 1929.)

[122 So. 537.

No. 27746.]

*612For former opinion, see 121 So. 107.

Jones S Stochett, of Woodville, for appellant.

Brandon c& Brandon, of Natchez, for appellee.

Cook, J.,

delivered the opinion of the court.

In this cause the complainant, Bennie Inman, and the defendant, Travelers’ Insurance Company, each prosecuted an appeal to this court from certain orders entered in the court below on motions therein filed; appeal bonds being: executed by both Inman and the insurance company. On March 11, 1929, this court ordered that the appeals be dismissed, and a judgment was accordingly entered, in which Inman was taxed with the entire costs of the appeal, and on May 7, 1929, the said In-man filed a motion herein styled “A Motion to Betax Costs,” the prayer of which is that the court correct the judgment entered by retaxing the costs so as to divide them equally between the parties to the appeal, or to tax each party with the costs incurred at his, or its, instance.

This motion, clearly comes within the rule announced in the case of Bacot v. Holloway, 140 Miss. 134, 104 So. 696, 305 So. 739, in which it was held that a motion seeking to have a former judgment set aside, in so far as it adjudged the court costs, and to have a different judgment rendered relative thereto, is a suggestion of error, and must be filed within the time prescribed by rule 14 of this court. This purported motion was not filed within the time allowed for filing suggestions of error, and therefore it must be dismissed.

Dismissed.

Inman v. Travelers' Ins.
154 Miss. 611 122 So. 537

Case Details

Name
Inman v. Travelers' Ins.
Decision Date
May 27, 1929
Citations

154 Miss. 611

122 So. 537

Jurisdiction
Mississippi

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