Anderson v. McInnis
Mississippi Supreme Court
Appeal from the chancery court of Jones county. Hon.- Samuel Whitman, Jr., Chancellor. Suit by H. Mclnnis et al. against A. D. Anderson. From a decree amending a final decree rendered in vacation, defendant appeals. The facts are as follows: The case was heard by agreement in vacation, and the chancellor outlined his opinion to counsel, who prepared a decree and sent it to the chancellor for signature.
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Appeal from the chancery court of Jones county. Hon.- Samuel Whitman, Jr., Chancellor. Suit by H. Mclnnis et al. against A. D. Anderson. From a decree amending a final decree rendered in vacation, defendant appeals. The facts are as follows: The case was heard by agreement in vacation, and the chancellor outlined his opinion to counsel, who prepared a decree and sent it to the chancellor for signature. It was duly signed by the chancellor and placed of record by the clerk in the minutes of the court. At the next term of the court, the appellees here, who were complanants in the court below,…
1Opinion of the CourtMayes, C. J.
Section 506 of the Code on 1906, vests the chancellor-with power to deliver opinions and to make and sign decrees in vacation in cases taken under advisement by him at a term of court; and by consent of parties, or their solicitors of record, he is given power in vacation to-try cases'and deliver opinions, and make and sign decrees therein. Such decrees, and all other orders and decrees which the chancellor may make in vacation, are required to he entered and rendered on the minute hook of the court in which the cause or matter is pending, and’ are given the same force and effect as if made,…
2Cases cited2 opinions
- Wilson v. Town of HandsboroMississippi Supreme Court · 1911
- Ex parte StanfieldMississippi Supreme Court · 1910
3Cited by3 opinions
- Burcham v. Estate of BurchamMississippi Supreme Court · 1974
- Jones v. StateMississippi Supreme Court · 1929
- Rainwater v. RainwaterMississippi Supreme Court · 1960