Opinion
No. 40389.
February 4, 1957.
1. Appeal — prior decision res judicata on issues raised on subsequent appeal.
Where Circuit Court dismissed attempted appeals to that Court from County Court judgments on ground that appeal bonds were not made within ten days as required by statute and appeal from Circuit Court involved same parties and subject matter and same issues which had been decided adversely to appellant by Supreme Court, such prior decision was res judicata of the issues raised on the subsequent appeal.
Headnote as approved by Ethridge, J.
APPEAL from the Circuit Court of Jones County; WM. J. GUNN, JR., Judge.
Quitman Ross, George D. Maxey, Laurel, for appellant.
I. The Court below erred in dismissing the appeal for want of jurisdiction. Watson v. Holified, 229 Miss. 27, 89 So.2d 924; McLeod v. Civil Service Comm. of Jackson, 198 Miss. 721, 21 So.2d 916; Schwartz v. McKay, 184 Miss. 438, 185 So. 811; James v. Woods, 65 Miss. 528, 5 So. 106; Denton v. Denton, 77 Miss. 375,
27 So. 383; Williams v. Johnson, 175 Miss. 419, 167 So. 639; Wallace v. State, 149 Miss. 198, 115 So. 342; Cleveland State Bank v. Cotton Exchange Bank, 118 Miss. 768, 79 So. 810; Sabougla Drainage Dist. v. Peoples Bank, 191 Miss. 331, 1 So.2d 219; Secs. 1152, 1208, 1656, 1673, Code 1942.
John H. Price, Jr., Asst. Atty. Gen., Jackson, for appellee.
I. The Lower Court did not err in sustaining appellee's motion to dismiss appeal. Watson v. Holifield, 229 Miss. 27, 89 So.2d 924; Moran v. Murphy, 187 Miss. 633, 193 So. 29; Sellier v. Board of Election Comrs. of Harrison County, 174 Miss. 360, 164 So. 767; Whidden v. Broadus, 108 Miss. 664, 67 So. 155; Rawlings v. Claggett, 174 Miss. 845, 165 So. 620; Sheldon v. Ladner, 205 Miss. 264, 38 So.2d 718; Broadhead v. Stone, 215 Miss. 232, 60 So.2d 637.
(Hn 1) In Cause No. 39,874, J.W. Watson, Coroner v. Morgan Holifield, 89 So.2d 924 (Miss. 1956), this Court held that Holifield had not made an appeal bond from the two judgments of the County Court of Jones County adjudging him in contempt of that court, as required by statute. Code 1942, Secs. 1616, 1152. Accordingly, the judgment of the trial court on Holifield's petition for a writ of habeas corpus, permitting him to execute appeal bonds to the circuit court from the contempt judgments, was reversed, and the habeas corpus proceedings were dismissed. The Court there considered fully the various statutes which Holifield contended would permit him to execute appeal bonds to the circuit court after expiration of ten days from entry of final judgment. His arguments were rejected. We will not again outline the facts concerning this matter. They were stated in the opinion in 89 So.2d 924.
Subsequently a suggestion of error in Cause No. 39,874 was overruled. And in the same case, Holifield's motion for a stay of execution pending determination by this Court of the present Cause No. 40,389 was overruled on January 7, 1957.
While Cause No. 39,874 was pending on the docket of this court, and on August 20, 1956, the Circuit Court of the First Judicial District of Jones County dismissed Holifield's attempted appeals to that court from the county court judgments, on the ground that his appeal bonds were not made within the ten days required by law. The instant case, No. 40,389, is an appeal from that judgment of the circuit court. It involves the same parties and subject matter, and the same issues which have already been decided adversely to appellant Holifield's contentions in Cause No. 39,874. Watson v. Holifield, 89 So.2d 924. Hence the decision in that case is res judicata of the issues raised on this appeal. The judgment of the circuit court dismissing the appeals is affirmed.
Affirmed.
Roberds, P.J., and Hall, Lee and Holmes, JJ., concur.