Lombard v. Lombard
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. UptoN M. YouNG, Judge. filed a brief and made an oral argument. The question presented here was passed on in Gibbons v. Brittenum, 56 Miss. 232, which the lower court followed, and this case is brought up to obtain, if possible, a different announcement of the law. Subsequent legislation renders the rule inapplicable, except as to estates of persons who previously died.
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Error to the Circuit Court of Warren County. Hon. UptoN M. YouNG, Judge. filed a brief and made an oral argument. The question presented here was passed on in Gibbons v. Brittenum, 56 Miss. 232, which the lower court followed, and this case is brought up to obtain, if possible, a different announcement of the law. Subsequent legislation renders the rule inapplicable, except as to estates of persons who previously died. Hence the reasons on which the doctrine of stare decisis is founded have no application here, and the court is at liberty to overthrow its former ruling, if it shall be found…
1Opinion of the CourtGeorge, C. J.
We are now asked to review and overrule the case of Gibbons v. Brittenum, 56 Miss. 232, decided at the April Term, 1878, in which a majority of this Court held that, under the provisions of the Code of 1871, the widow of a person dying intestate, and without children or descendants of them, was entitled to one-half only of the estate of her deceased husband. That case was argued twice at the bar, and in the last argument the judges remained of the opinion entertained on the first argument. Chief Justice Simrall, who was one of the majority of the court, having retired from the bench, the…
2Cases cited1 opinion
- Gibbons v. BrittenumMississippi Supreme Court · 1878
3Cited by11 opinions
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- State Ex Rel. La Prade v. CoxArizona Supreme Court · 1934
- Ex parte NicholsMississippi Supreme Court · 1884
- Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1936
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