Darter v. Speirs
Mississippi Supreme Court
Appeal from the Chancery Court of Lowndes County. Hon. F. A. Critz, Chancellor. The appellants, minors, and their widowed mother, with whom they lived, were very poor. A small annual income was collected by their guardian, who filed an account on January 2, 1882, covering the time between July 1, 1880, and July 1, 1881, and containing items for this income paid the mother for the maintenance of the wards.
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Appeal from the Chancery Court of Lowndes County. Hon. F. A. Critz, Chancellor. The appellants, minors, and their widowed mother, with whom they lived, were very poor. A small annual income was collected by their guardian, who filed an account on January 2, 1882, covering the time between July 1, 1880, and July 1, 1881, and containing items for this income paid the mother for the maintenance of the wards. These items were disallowed by the court for the period subsequent to November 1, 1880, because no previous order appeared, as required in Code 1880, § 2111. By accident the court failed to…
1Opinion of the CourtChalmers, J.
Section 2111, Code 1880, declares that “the guardian of a minor, who has a father or mother, shall not expend anything for the support or education of the ward until the court or the Chancellor in vacation shall have ordered, that expenditure for that purpose shall be made by the guardian.” This language plainly contemplates a precedent order by the court or Chancellor, and deprives the court of the power to ratify and sanction such expenditures by a subsequent order. Unless the order precedes the expenditure, the latter is condemned by the statute and cannot be made valid by any subsequent…
2Cases cited1 opinion
- Boyd v. HawkinsMississippi Supreme Court · 1882
3Cited by3 opinions
- Chapman v. PentecostMississippi Supreme Court · 1931
- Deposit Guaranty Bank & Trust Co. v. MangumMississippi Supreme Court · 1935
- Ex parte GeorgeMississippi Supreme Court · 1885