Ex parte Neil
Mississippi Supreme Court
Erom the chancery court of, second district, Jones county. Hon. James L. McCaskill, Chancellor. Neil, the' appellant, applied to the chancellor for a writ of habeas corpus; the writ was, on the hearing, denied, and the relator remanded to custody; from which judgment he appealed to the supreme court.
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Erom the chancery court of, second district, Jones county. Hon. James L. McCaskill, Chancellor. Neil, the' appellant, applied to the chancellor for a writ of habeas corpus; the writ was, on the hearing, denied, and the relator remanded to custody; from which judgment he appealed to the supreme court. Appellant was indicted, tried and convicted of a misdemeanor at a special term of the circuit court of, second district, Jones county held on the third Monday' of March,-1907, and sentenced to pay a fine of $300 and to be imprisoned as a county convict for ninety days on the county farm. Having…
1Opinion of the CourtWhitfield, C. J.
The sole question of this case is this: Where a special term of the circuit court has been properly called, the proper notice of the time and place for holding the court has been given, and the order calling the special term has actually been made and actually filed with the circuit court, was the circuit court absolutely without jurisdiction to proceed at all, at said special term, merely because of'the clerical omission on the part of the circuit clerk to enter the order on the minutes of the court? Manifestly not. In this ease, out of which this habeas corpus grows, there clearly was…
2Cases cited3 opinions
- Williams v. CammackMississippi Supreme Court · 1854
- Mastronada v. StateMississippi Supreme Court · 1882
- State v. ClaudeSupreme Court of Louisiana · 1883
3Cited by4 opinions
- Durr v. StateMississippi Supreme Court · 1936
- Sovereign Camp, W. O. W. v. GayAlabama Court of Appeals · 1924
- Darby v. ArringtonMississippi Supreme Court · 1942
- Steverson v. McLeod Lumber Co.Mississippi Supreme Court · 1919