Muirhead v. Muirhead
Court of Appeals of Mississippi
In error from the circuit court of Choctaw county; Hon. Benjamin F. Caruthers, judge. This was an action of replevin commenced by Pleasant C. Muirhead against Catharine Muirhead, in which judgment was rendered for defendant. During progress of the trial a bill of exceptions was taken, which in substance states that, on the trial of the cause, the plaintiff proved that letters of administration were granted him by the court of probate on Charles Muirhead’s estate.
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In error from the circuit court of Choctaw county; Hon. Benjamin F. Caruthers, judge. This was an action of replevin commenced by Pleasant C. Muirhead against Catharine Muirhead, in which judgment was rendered for defendant. During progress of the trial a bill of exceptions was taken, which in substance states that, on the trial of the cause, the plaintiff proved that letters of administration were granted him by the court of probate on Charles Muirhead’s estate. The defendant proved that the letters granted on said estate to the plaintiff were revoked, and letters were granted to the…
1Opinion of the CourtJustice Thacher
The plaintiff in error instituted an action of replevin in the circuit court of Choctaw county, to recover certain property of the estate of Charles Muirhead, deceased, of which estate he claimed to be administrator. A bill of exceptions filed to the refusal of the court below, to give an instruction called for by the plaintiff, discloses the main question in this case to be, what the effect is of an appeal from a decree of a probate court revoking a grant of letters of administration. This court has already held, that an appeal suspends the operation of the decree. Wade v. The American…
2Cited by1 opinion
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