Cashin v. Murphy
Mississippi Supreme Court
Appeal from chancery court of Humphreys county. Hun. E. N. Thomas, Chancellor. Suit by C. M. Murphy against J. M. Cashin. From an order directing the sale of property in the custody of defendant by a receiver, he appeals.
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Appeal from chancery court of Humphreys county. Hun. E. N. Thomas, Chancellor. Suit by C. M. Murphy against J. M. Cashin. From an order directing the sale of property in the custody of defendant by a receiver, he appeals. Presenting first the question of the jurisdiction of the chancellor to render such a decree in vacation, we desire to state that the authority of the chancellor to try cases and render decrees in vacation is governed by section 506, Code of 1906, section 262 of Hemingway’s Code. The general rule is that the powers of judges at chambers and in vacation are regulated by…
1Opinion of the CourtSmith, C. J.
This is an appeal from an order made by the chancellor in vacation directing a receiver to sell property in his custody and is the second appearance of the c'ase in this court, *838the order , appointing the receiver having been affirmed in Cashin v. Murphy, 90 So. 331. The cause is pending in the chancery court of Humphreys county, and the order for the sale was made in Sharkey county, both of which counties are in the same chancery court district. ,
The appellant and the appellee are both attorneys at law and were formerly partners, and this litigation was begun by the appellee for the purpose…
2Cases cited2 opinions
- Adams v. KyzerMississippi Supreme Court · 1883
- Hiller v. CottenMississippi Supreme Court · 1877
3Cited by3 opinions
- Chapman v. Schiller, JudgeUtah Supreme Court · 1938
- Humphrey's County v. CashinMississippi Supreme Court · 1924
- Bethea v. RahaimMississippi Supreme Court · 1944