Cases Argued and Decided in the Supreme Court of Mississippi Volume 52
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...there was error in sustaining the motion to di..-olve. The answer and c1-o.s-bill were filed the 2d November, 1874. On the 13th a notice was served on the complainants' solicitor that a motion to dissolve the injunction would be made on the Statement of the case. 24th of the same month. It is not shown that the hearing was on that day, or when the order of dissolution was made. If in vacation, it ought to appear that the hearing was on the day appointed in the notice, or on a. day to which it was adjourned, or by consent. Code, 1049. Ve infer that the hearing was in vacation. There is no formal motion in the rccord--nothing except' the notice and the order of the chancellor. VVe refer to this as a serious irregularity of practice. The decree dissolving the injunction is reversed, the injunction is reinstated, and the cause remanded for further proceedings. I J. W. Scaanoaovorr vs. MARY S.u'rn. 1. Morlox roa New TRIAL: W/mz it must be disposed of. ' Motions for new trial must be disposed of at the term when made or at the next ensuing term. 'I'he_v cannot be kept under advisement by the circuit judge beyond the term succeeding that at which they were made. 2. GAS-ZS Ricvmwnn axn lilomrnco. The eases bearing on power of the court over motions for new trial cited and reviewed. Case of Hudson 1'. Strickland, 49 Miss., 592., held to announce only the doctrine that Q 534 of Code, requiring the testimony to be reduced to writing during the term at which a case is taken under advisement, .does not apply to motions for a new trial. If its language seems broader than this, it is to that extent ill-advised. Section 534 of Code applies to motions for new trials. 3. EVIDENCE: ltlcmorandum by slrrmger. Improper admission fo...
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