Hall v. Cassidy
Mississippi Supreme Court
In error from the probate court of Madison county. The only point in this case was, whether the requisite legal notice had been given to the distributees before the day of distribution, they being non-residents. The statute requires four clear weeks from the day of publication, to make the notice legal of the day upon which the petition should be heard.
1Opinion of the CourtJustice Yerg-ek
This was a suit begun in the probate court of Madison county, by the defendant in error, for distribution. The plaintiffs in error were alleged to be non-residents, and notice was not served on them in person. We do not think the publication was made for the length of time required by law. By looking to the statute, it will be found that four weeks publication is required, of the day, upon which the petition should be heard. It appears that the 13th day of October, 1849, was fixed for the hearing, and on that day the decree of distribution was made. The first insertion of the notice was made…
2Cited by6 opinions
- Stebbins v. AnthonySupreme Court of Colorado · 1880
- Mississippi Cent. R. v. AultmanMississippi Supreme Court · 1935
- Donald v. Commercial BankMississippi Supreme Court · 1923
- Mitchell v. WoodsonMississippi Supreme Court · 1859
- Osborne v. NeblettCourt of Appeals of Mississippi · 2011
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