Clark v. Smith
Mississippi Supreme Court
Appeal from the chancery court of Claiborne county. ITon. B. W. Cutrer, Chancellor. Petition by Mrs. Leila Smith against John Clark, for his removal as guardian. From a decree of removal, the guardian appeals. The facts are fully stated in the opinion of the court. There was only the conviction upon which the chancellor could have by any possibility acted, and we again urge that this conviction was not in force when the order of removal was entered.
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Appeal from the chancery court of Claiborne county. ITon. B. W. Cutrer, Chancellor. Petition by Mrs. Leila Smith against John Clark, for his removal as guardian. From a decree of removal, the guardian appeals. The facts are fully stated in the opinion of the court. There was only the conviction upon which the chancellor could have by any possibility acted, and we again urge that this conviction was not in force when the order of removal was entered. It had been superseded under section 62 of the Code, and had no existing effect; furthermore he had been admitted to bail, and was at liberty.…
1Opinion of the CourtPotter, J.
On petition of Mrs. Mary Smith, the mother of J. D. Millsaps, W. W. Millsaps, and Chas. Jackson Millsaps,. minors, their guardian, John W. Clark, was removed as guardian of their property. The ground upon which the-chancellor removed Mr. Clark as guardian for the above-minors was that Mr. Clark had been convicted of a charge of embezzlement by the circuit court of Claiborne county. He. had appealed from this'conviction, had been granted bail, and a supersedeas of the judgment and sentence-granted him.
It is the contention of appellant that, in view of the-fact Mr. Clark had appealed his case,…
2Cited by1 opinion
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