Legal Opinion

Culley v. Rhodes

Mississippi Supreme Court

Decided October 15, 1920No. 21326PublishedCited by 1 opinion

Appeal from chancery court of Hinds county. Hon. L. F. Easterling, Chancellor. Suit hy Mrs. Cora E. Rhodes against Myrtle Rhodes and others. From a decree confirming a commissioner’s report of sale, Percy Culley, guardian ad litem of the minor defendants, appeals. No Right to Confirmation in Vacation.

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Appeal from chancery court of Hinds county. Hon. L. F. Easterling, Chancellor. Suit hy Mrs. Cora E. Rhodes against Myrtle Rhodes and others. From a decree confirming a commissioner’s report of sale, Percy Culley, guardian ad litem of the minor defendants, appeals. No Right to Confirmation in Vacation. The general rule is that all judicial business should be transacted by a court in term time, and that such business can be transacted in vacation only where there is some warrant therefor. 15 C. J. 899, citing Hubour v. R. R. Go., 96 Miss. 340; Wingate v. Wallace, 13 Miss. 249. “The sole…

1Opinion of the CourtW. H. Cook, J.

Mrs. Cora E. Rhodes, appellee, filed a bill in the chancery court of Hinds county against Myrtle Rhodes, Elizabeth Rhodes, Edna Rhodes, and A. L. D. Rhodes, Jr., her minor children, seeking a sale for partition of certain real estate, and from the decree confirming the commissioner’s report of sale Percy Culley, guardian ad litem of the minor defendants, prosecutes this appeal.

The bill filed by appellee alleges, in substance, that on the 1st day of January, 1918, A. L. D. Rhodes, a resident of Jackson, Miss., died testate and his will was afterwards duly admitted to probate in the.chancery…

2Cases cited4 opinions

  1. Heirs of Wykoff v. MillerSupreme Court of Louisiana · 1895
  2. Gilleylen v. MartinMississippi Supreme Court · 1896
  3. Sweatman v. DeanMississippi Supreme Court · 1905
  4. George v. WoodMississippi Supreme Court · 1908

3Cited by1 opinion

  1. Gulf Refining Co. v. StanfordMississippi Supreme Court · 1947

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