Smith v. Smith, 39232
| Decision Date | 10 May 1954 |
| Docket Number | No. 39232,39232 |
| Citation | 221 Miss. 180,72 So.2d 230 |
| Parties | SMITH v. SMITH et al. |
| Court | Mississippi Supreme Court |
Francis S. Bowling, Barnett, Jones & Montgomery, Jackson, for appellant.
Currie & Currie, Hattiesburg, for appellees.
Dale Berry Smith met his death on or about June 6, 1953, while serving as a seaman, as the result of a collision between two ocean-going vessels in the Delaware River off the shore of New Jersey. On June 17, 1953, Hugh D. Smith, his father, filed a petition in the Chancery Court of Simpson County, Mississippi, alleging the death aforesaid, that the decedent died intestate, that he was a single man, that he was late of Simpson County, and left surviving as his sole heirs at law his father, Hugh D. Smith, and his mother, Mrs. Corinne Smith, that he left an unliquidated claim for damages on account of his death, that the estate should be immediately administered, and that letters of administration should be issued to him upon his taking the oath prescribed by statute and entering into bond, etc. On July 17, 1953, the chancellor entered a decree appointing Hugh D. Smith as administrator of said estate, and directing the issuance of letters of administration to him upon his taking the statutory oath and entering into bond in the sum of $1,000. On the same date the oath was taken, the bond given and approved, and letters were issued.
In the meantime and on June 25, 1953, appellant filed a petition in the Chancery Court of Hinds County, Mississippi, in substantially the same form, alleging that she is the widow of deceased, and asking to be appointed administratrix. On the same date the Chancery Clerk of Hinds County entered an order appointing her, and, the oath having been taken and bond given, letters of administration were issued to her on that date.
On August 27, 1953, appellee filed in the Chancery Court of Simpson County a petition under Section 1270, Code of 1942, for determination of the heirs at law of deceased, setting up the above facts and specifically alleging that he and his wife are the sole heirs at law of deceased, and that deceased was a single man and left no surviving wife or child or brothers or sisters. Mrs. Corinne Smith, the mother of deceased and the wife of appellee, was made a defendant, and appellant, under two alleged aliases, was also made a defendant, and process served on both of them, and publication was also had for the heirs at law of Dale Berry Smith. Mrs. Corinne...
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Southern Farm Bureau Cas. Ins. Co. v. Holland, 54413
...v. Coats, 227 Miss. 264, 86 So.2d 4 (1956); H.M. Hall v. Merchants & Farmers Bank, 222 Miss. 813, 77 So.2d 310 (1955); Smith v. Smith, et al., 221 Miss. 180, 72 So.2d 230; In re Hollensbee's Estate (Allen v. First National Bank of Jackson), 218 Miss. 700, 67 So.2d 389 (1953); and Gilleylen ......
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Alias v. the City of Oxford
...appellate court should dismiss the appeal on its own motion. 5 Am.Jur.2d Appellate Review § 804 (2007). See also Smith v. Smith, 221 Miss. 180, 183, 72 So.2d 230, 231 (1954) (If the appeal not authorized by statute, the reviewing court may on its own motion question whether the order of low......
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Hyde Const. Co. v. Highway Materials Co., 42814
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Farrar v. Phares
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