Legal Opinion

Wiggle v. Owen

Mississippi Supreme Court

Decided May 15, 1870PublishedCited by 1 opinion

Appeal from the probate court of Itawamba county. Phillips, J. The order of the court setting aside its judgment of a previous term, is the first error complained of. Whilst a court remains in session it may, in most instances, exercise power over its judgments and decrees. But when the term has elapsed, this power ceases; the judgments are then final, and can only be reviewed by appeal or writ of error.

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Appeal from the probate court of Itawamba county. Phillips, J. The order of the court setting aside its judgment of a previous term, is the first error complained of. Whilst a court remains in session it may, in most instances, exercise power over its judgments and decrees. But when the term has elapsed, this power ceases; the judgments are then final, and can only be reviewed by appeal or writ of error. Sagory v. Bayless, 13 S. &'M., 153. This is equally true of the final orders and decrees of the probate court. Hardy v. Gholson, 26 Miss., 70. Now, this decree of the probate court is void,…

1Opinion of the Court

Simrall, J.:

B. L. Owen, as the guardian of Mrs. Wiggle, made his final settlement in the probate court of Itawamba county. Afterwards Wiggle and wife filed a bill of review in the same court, seeking to surcharge, falsify and vacate this settlement and the decree thereon. The bill was taken for confessed, and at the April term, A. D. 1869, a final decree was ren*160dered — opening the decree made on the final account at the August term, 1866, and adjudging B. L. Owen to be"indebted to his ward a balance of $941 71, for which execution might issue. The complainants, Wiggle and wife, in open court,…

2Cited by1 opinion

  1. Wiggle v. OwenMississippi Supreme Court · 1871

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