Cotten v. McGehee
Mississippi Supreme Court
These were motions to submit applications for reargument, which had been filed in the case of Gotten v. McG-ehee, ante, 510, on June 11, 1877, and in the case of Wolfe v. Crawford, ante, 514, on Oct. 10, 1877. On June 4, 1877, the last day of the April Term, 1877, an order was made giving seven days within which petitions for reargument could be filed, in cases decided on that day.
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These were motions to submit applications for reargument, which had been filed in the case of Gotten v. McG-ehee, ante, 510, on June 11, 1877, and in the case of Wolfe v. Crawford, ante, 514, on Oct. 10, 1877. On June 4, 1877, the last day of the April Term, 1877, an order was made giving seven days within which petitions for reargument could be filed, in cases decided on that day. These cases having been determined May 21, 1877, did not fall within the order, and presented the question of the power of this court to review its own judgments of a prior term. The court has power to grant a…
1Opinion of the Court
Seme,all, C. J.,
delivered the opinion'of the court.
These cases have been submitted to us on petitions for rearguments, and involve the general question of the power of this court to revoke and set aside its judgments pronounced at a former term. We think that the correct rule was laid down in Lane v. Wheless, 46 Miss. 666. It was there said, “ It is well settled, as a general rule, that the judgment of a court of competent jurisdiction cannot be reversed or set aside in the same court after the expiration of the term at which the judgment was rendered.” It was further said, that “ the reason…
2Cases cited4 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Ex Parte CrenshawSupreme Court of the United States · 1841
- Wailes v. JohnsonMississippi Supreme Court · 1853
- Lane v. W. J. Wheless & Co.Mississippi Supreme Court · 1872
3Cited by11 opinions
- Oliphant v. the Carthage BankMississippi Supreme Court · 1955
- Chrismond v. ChrismondMississippi Supreme Court · 1952
- Shipman v. LovelaceMississippi Supreme Court · 1952
- LeBlanc v. Illinois Central RailroadMississippi Supreme Court · 1895
- Turner v. StateMississippi Supreme Court · 1951
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