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JACKSON v. SCHWARTZ

No. 45990.

240 So.2d 60 (1970)

Johnny C. JACKSON and Morris Smith, Jr. v. Seymour SCHWARTZ.

Supreme Court of Mississippi.

October 12, 1970.

Attorney(s) appearing for the Case

Don H. Evans, Jackson, for appellants.

Stennett, Wilkinson & Ward, Jackson, for appellee.

ETHRIDGE, Chief Justice:

The motion of appellants, Jackson and Smith, to reinstate their appeal raises the question of when a judgment of the circuit court in term time is rendered within the meaning of the statute of limitations for appeals to this Court. Mississippi Code 1942 Annotated section 753 states:

Appeals to the supreme court shall be taken within ninety (90) days next after the rendition of the judgment or decree complained of, and not after *...

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