Legal Opinion

Wilson v. Rodewald

Mississippi Supreme Court

Decided October 15, 1883PublishedCited by 6 opinions

Appeal from the Circuit Court of Leflore County. Hon. C. H. Campbell, Judge. The writings of Judge Cothran could not after his death be enttered as a judgment under the order of Judge Campbell. Sagory v. Bayless, 13 S. & M. 153; Hardy v. Gholson, 26 Miss. 70; Wiggle ,v. Owen, 45 Miss. 691; Lane v. Wheless, 46 Miss. 666. After (expiration of the term a court has no control over its judgments, except as given by statute.

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Appeal from the Circuit Court of Leflore County. Hon. C. H. Campbell, Judge. The writings of Judge Cothran could not after his death be enttered as a judgment under the order of Judge Campbell. Sagory v. Bayless, 13 S. & M. 153; Hardy v. Gholson, 26 Miss. 70; Wiggle ,v. Owen, 45 Miss. 691; Lane v. Wheless, 46 Miss. 666. After (expiration of the term a court has no control over its judgments, except as given by statute. By Code 1871, § 534, the decision of a .case taken under advisement must be made at the next term. No ,©ne but Judge Cothran could do this. These statutes are construed…

1Opinion of the CourtChalmers, J.

This case was at the July term, 1880, of the Circuit Court of Leflore County, submitted by counsel to the Hon. W. A. Cothran, presiding judge of said circuit, to be by him tried and decided without the intervention of a jury. He heard the evidence and took the case under advisement, carrying the papers with him to his home in another county. Two months thereafter, and during vacation, he returned the papers in a box to the circuit court clerk of Leflore County, and with them was found an elaborate opinion disposing of all the points in the case, closing with a carefully drawn judgment in…

2Cited by6 opinions

  1. Union Motor Car Co. v. CartledgeMississippi Supreme Court · 1923
  2. Crane v. First National Bank of McHenryNorth Dakota Supreme Court · 1913
  3. Callicott v. HornMississippi Supreme Court · 1925
  4. In Re FoxMississippi Supreme Court · 1974
  5. Friend v. BorrenpohlIllinois Supreme Court · 1928

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