Yost v. Alderson
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. The case is sufficiently stated in the opinion of the court. 1. It is settled, under the statutes of this State, that the granting or refusing of a motion to set aside a decree pro con_fesso is a matter within the sound discretion of the court. This is a sound judicial discretion; the court cannot act arbitrarily.
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. The case is sufficiently stated in the opinion of the court. 1. It is settled, under the statutes of this State, that the granting or refusing of a motion to set aside a decree pro con_fesso is a matter within the sound discretion of the court. This is a sound judicial discretion; the court cannot act arbitrarily. Pittman v. McClellan, 55 Miss. 299 ; Kelly v. Brooks, 57 Miss. 227 ; Rankin County Savings Inst. v. Gunn, MS. opinion, book J, p. 74. Sect. 1021 of the Code of 1871 is imperative that “ no pro confesso…
1Opinion of the CourtGeorge, J.
The bill of complaint in this cause was filed in the Chancery Court to annul or have declared void a deed purporting to have been made by one of the appellants, Mary K. Yost, and her husband, on the 9th of May, 1876. The deed on its face appears to have been executed by her, with her mark, and the execution of it is attested by John H. Boyd, who also on the date of the deed, as a justice of the peace, certified regularly to an acknowledgment of it by both the husband and wife. The bill charges that the appellant never executed the deed and never acknowledged it, and on this ground relief is…
2Cited by10 opinions
- Hamburger v. FrySupreme Court of Oklahoma · 1958
- Kennard v. StateMississippi Supreme Court · 1961
- Burns v. AllenMississippi Supreme Court · 1947
- Martin v. McGrawMississippi Supreme Court · 1964
- Tonkel v. WilliamsMississippi Supreme Court · 1927
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