Lowry v. M'Donald
Mississippi Chancery Courts
The bill in this case was filed to enjoin the collection of a note given for property purchased at an administrator’s sale. It is not necessary to give a more detailed statement of the facts of the case, tba'n is given in the opinion of the Court; the questions involved being principally questions of law, and the facts being admitted by the demurrer to the bill. The case was submitted upon the demurrer, and a motion to dissolve.
1Opinion of the Court
Chancellor.
No principle of law is better settled, than that the judgments of inferior courts of special and limited jurisdiction are void, and confer no rights, unless the facts upon which this jurisdiction attaches appear upon the face of the proceedings ; and nothing is to be presumed in their favor. 5 Cranch, 173. And, although our courts of probate are not, in a general sense, courts of special and limited jurisdiction, their jurisdiction being full and complete over all those subjects, of which they have cognizance as courts of probate, yet the power given to the probate court to order a…
2Cases cited2 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Kempe's Lessee v. KennedySupreme Court of the United States · 1809
3Cited by1 opinion
- Powell v. BurrusMississippi Supreme Court · 1858