Brunini v. Pera
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. Upton M. Young, Chancellor. Alexander Brunini, the duly qualified administrator of Frank Pera, having, on decree for the sale of the real estate, given bond, with J. Sanguinetti and L. M. Lowenberg as sureties, for the proper application of the proceeds, Maria Speranza Pera, Maria Chelini, and Frediano Chelini her husband, as heirs of Frank Pera, petitioned the Chancery Court of Warren County for a final settlement of…
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Appeal from the Chancery Court of Warren County. Hon. Upton M. Young, Chancellor. Alexander Brunini, the duly qualified administrator of Frank Pera, having, on decree for the sale of the real estate, given bond, with J. Sanguinetti and L. M. Lowenberg as sureties, for the proper application of the proceeds, Maria Speranza Pera, Maria Chelini, and Frediano Chelini her husband, as heirs of Frank Pera, petitioned the Chancery Court of Warren County for a final settlement of Brunini’s accounts, and obtained a decree for $3,630.41, of which $3,410.41 was the proceeds of the sale of the realty.…
1Opinion of the CourtChalmers, J.
It is insisted that even if the principles enunciated in Bank of Mississippi v. Duncan, 52 Miss. 740, and Walker v. State, 58 Miss. 532, are correct, they will not justify the maintenance of a proceeding in the Chancery Court on a bond executed in a suit previously pending, or an administration already wound up in that court. This idea springs from a failure to appreciate the full force of the principles announced in the cases referred to, — principles of the soundness of which we entertain no doubt. The spirit of those decisions is that there is nothing in the Constitution which prohibits…
2Cases cited1 opinion
- Bank of Mississippi v. DuncanMississippi Supreme Court · 1876
3Cited by3 opinions
- State v. MarshallMississippi Supreme Court · 1911
- Lawson v. DeanMississippi Supreme Court · 1926
- Whitfield v. EvansMississippi Supreme Court · 1879