Wiggle v. Owen
Mississippi Supreme Court
Appeal from the chancery court of Itawamba county. Whitfield, J. The facts appear in the opinion of the court. Assignment of errors: 1st. The probate court erred by its action at the May term thereof, 1869, in setting aside and vacating the final decree of the said court made at the April term, 1869, previous. 2d. The chancery court erred in sustaining defendant’s demurrer to complainants’ bill. 3d.
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Appeal from the chancery court of Itawamba county. Whitfield, J. The facts appear in the opinion of the court. Assignment of errors: 1st. The probate court erred by its action at the May term thereof, 1869, in setting aside and vacating the final decree of the said court made at the April term, 1869, previous. 2d. The chancery court erred in sustaining defendant’s demurrer to complainants’ bill. 3d. The said court erred in dismissing complainants’ bill on sustaining the demurrer to the said bill. On first assignment of error, cited Lagory v. Bayless, 13 Smedes & Marsh. 163; Hardy v. Gholsoh,…
1Opinion of the Court
SlMBALL, J. :
This case was formerly in this court on appeal from an interlocutory order setting aside the decree of the probate court, but was dismissed for want of jurisdiction. It is reported in 43 Miss. 158. Wiggle and wife, the appellants, exhibited a bill of review against T. Owen, who was the guardian of Mrs. Wiggle, complaining of the final settlement of his accounts, and seeking to surcharge and falsify the same for a restatement and decree for a proper balance. At the April term, 1869, a decree pro confesso was taken against Owen. Thereupon the court proceeded to purge the accounts…
2Cases cited2 opinions
- Brown v. MullinsCourt of Appeals of Mississippi · 1852
- Wiggle v. OwenMississippi Supreme Court · 1870
3Cited by5 opinions
- McIntosh v. Munson Road MacHinery Co.Mississippi Supreme Court · 1933
- Neville v. Guardianship of KelsoMississippi Supreme Court · 1971
- Beard v. McLainMississippi Supreme Court · 1918
- Jones v. StateMississippi Supreme Court · 1929
- Deposit Guaranty Bank & Trust Co. v. MangumMississippi Supreme Court · 1935