Watson v. Williams
Mississippi Supreme Court
Appeal from the Court of Probates of Clarke county. Hon. John N. McKee, judge. 1. We suppose there can be no doubt that an appeal will lie from the decree in the Probate Court, ordering appellant to be committed to custody until he perform the former decree of the court. This very point was raised in the case of Vertner v. Martin, 10 Smedes & Marshall, 103, 105, 107, but the court, nevertheless, exercised jurisdiction over the case.
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Appeal from the Court of Probates of Clarke county. Hon. John N. McKee, judge. 1. We suppose there can be no doubt that an appeal will lie from the decree in the Probate Court, ordering appellant to be committed to custody until he perform the former decree of the court. This very point was raised in the case of Vertner v. Martin, 10 Smedes & Marshall, 103, 105, 107, but the court, nevertheless, exercised jurisdiction over the case. The distinction is, that no appeal lies from a mere initiatory order, as for an attachment to bring a party into court to answer for an alleged contempt, but if…
1Opinion of the CourtHarris, J.
At the July term, 1856, of the Probate Court of Clarke county, the appellant was appointed guardian of the minor heirs of Elizabeth Peterson.
At the September term of said court, one of the sureties on his guardian’s bond, John Adams, filed his petition in said court, praying to be discharged from further liability on said bond. Citation was issued to the said plaintiff in error, to appear at the October term of said court, to answer said petition, and show cause why the said Adams should not be discharged, and the said plaintiff in error be required to give further security.
Said citation was…
2Cases cited2 opinions
- Ex Parte KearneySupreme Court of the United States · 1822
- Ex-parte AdamsMississippi Supreme Court · 1872
3Cited by62 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- United States v. BarnettSupreme Court of the United States · 1964
- State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
- Armstrong v. GuccioneCourt of Appeals for the Second Circuit · 2006
- State v. Frew & HartWest Virginia Supreme Court · 1884
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