First Nat. Bank of West Point v. Abe Block & Co.
| Decision Date | 09 March 1903 |
| Citation | 82 Miss. 197,33 So. 849 |
| Court | Mississippi Supreme Court |
| Parties | FIRST NATIONAL BANK OF WEST POINT v. ABRAHAM BLOCH ET AL |
FROM the chancery court of Attala county. HON. STONE DEAVOURS Chancellor.
The appellees, Abraham Bloch et al., were complainants in the court below; they obtained a personal decree for a considerable sum of money against their debtor, one Colbert. This decree remained unsatisfied for some time, when complainants sued out a writ of garnishment against the appellant, the First National Bank of West Point, returnable on the first Monday of February, 1902, the first day of the regular February term of the chancery court. The term was limited by law to six days. The chancellor was not present on the day fixed by law for the beginning of the term, but had ordered the clerk of the court, in writing, to adjourn the court, on the first Monday in February, until the 13th day of the month. The clerk, in pursuance of the written order given by the chancellor, entered an order on the minutes of the court on the first Monday in February adjourning the court until the 13th day of the month. On the 13th of the month the chancellor of the district did not appear, but the Honorable Stone Deavours, a chancellor of another district, did appear and opened court and proceeded with business, presiding by interchange with the chancellor of the district. The bank did not appear and did not answer the writ of garnishment which had been duly executed upon it and a decree for want of an answer was rendered against it for the full sum due complainants on their personal decree against Colbert upon which the garnishment was based. The bank, appellant appealed therefrom to the supreme court.
Affirmed.
Roane & McClellan and R. C. Beckwith, for appellant.
The jurisdiction of the court is fixed by the constitution, and cannot be altered by the legislature. When express provision is made for circuit judges interchanging and none for the chancellors, it must be apparent either that the chancellors have no jurisdiction to interchange or else that the provision allowing circuit judges to interchange was a piece of useless verbiage, and this is directly opposed to our general understanding of the object and effect of a written constitution.
J. A P. Campbell, for appellees.
The term of the chancery court commencing first Monday of February, was, by written order of Chancellor Byrd, adjourned by the clerk in...
To continue reading
Request your trial
-
Williams v. Simon
...Pacific R. R. Co. v. Hand, 7 Kan. 380; Langhorne v. Waller, 76 Va. 213; Keith v. State, 91 Ala. 2, 8 So. 353, 10 L. R. A. 430; Bank v. Bloch, 82 Miss. 197; Dees v. State Mississippi, 78 Miss. 250; Railway Co. v. Hand, 7 Kan. 239. The supreme court of Alabama passed directly upon this questi......
-
Mississippi & S. V. R. Co. v. Brown
... ... summoned for first week held harmless (Code 1930, sections ... First ... National Bank v. Block, 82 Miss. 197; Williams et ... al. v ... ...
-
Williams v. State
... ... for first time on appeal (Code 1930, sections 473, 750) ... argued that appellant cannot raise this point for the first ... time on appeal; ... [174 So ... ...
-
Perry v. State
... ... v. McLain, 136 Miss. 316, 78 So. 184; First National Bank ... v. Bloch, 82 Miss. 197, 33 So ... ...