Legal Opinion

Childress v. Carley

Mississippi Supreme Court

Decided March 15, 1908PublishedCited by 8 opinions

From the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Childress, appellant, was licensed to sell intoxicants by the-municipal authorities of Gulfport, and Carley and others, appellees, appealed to the circuit court. Late on the afternoon on the last day of the term the case was called in the circuit court, and tried, and the court announced that the appeal would be sustained and license revoked.

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From the chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Childress, appellant, was licensed to sell intoxicants by the-municipal authorities of Gulfport, and Carley and others, appellees, appealed to the circuit court. Late on the afternoon on the last day of the term the case was called in the circuit court, and tried, and the court announced that the appeal would be sustained and license revoked. Accordingly an order to that effect was drawn up by counsel, but was not entered on the minutes before the judge adjourned the court. The judge signed his name on a blank page…

1Opinion of the CourtMayes, J.

There is no charge of fraud in the bill of complaint filed in this cause, nor is there any contention that the judgment entered on the minutes of the court was a different judgment from the one which the court ordered the clerk to place there. The real question in the case, and the only question, arises out of the fact that the judge finally adjourned his court on Saturday night, the. 15th day of June, 1907, after the rendition of the judgment in question, but before the judgment was actually put on the minutes by the clerk. The object of the bill filed is to show that the judgment was not…

2Cases cited1 opinion

  1. Jones v. WilliamsMississippi Supreme Court · 1884

3Cited by8 opinions

  1. Williams v. StateMississippi Supreme Court · 1921
  2. Bank of Meadville v. HardyMississippi Supreme Court · 1909
  3. Entrekin v. Tide Water Associated Oil Co.Mississippi Supreme Court · 1948
  4. Hammond-Gregg Co. v. BradleyMississippi Supreme Court · 1918
  5. Steverson v. McLeod Lumber Co.Mississippi Supreme Court · 1919

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