
    Bank of Lauderdale et al. v. W. Q. Cole.
    [64 South. 214.]
    Appeal and Error. Time of taking appeal. Limitations.
    
    The filing of an appeal bond within two years after the rendition of a judgment or decree appealed from, stops the running of the statute limiting the time within which appeals may be taken,, although no citation was served.
    Appeal from the chancery court of Yazoo county.
    HoN. T. A. Wood, Chancellor.
    
      Suit between tbe Bank of Lauderdale and others and W. T. Cole. Prom a judgment for tbe bank and others, tbe defendant appeals.
    Tbe facts are sufficiently stated in tbe opinion of tbe court:
    
      8. A. Witherspoon, attorney for appellant.
    
      BasMn & Wilbourn, attorney for^ appellee.
   Smith, C. J.,

delivered tbe opinion of tbe court.

Tbe filing of an appeal bond within two years after tbe rendition of a judgment or a decree appealed from stops tbe running of tbe statute limiting tbe time within which appeals may be taken, although no citation was served. McAlister v. Richardson, 57 So. 547. There is no merit, therefore, in appellee’s contention that tbe appeal in this case is barred; and this being tbe only objection to tbe relief prayed for, the appellants will be granted sixty days within which to perfect tbe record.

Remanded.  