Tullos v. Board of Sup'rs of Simpson County

Decision Date15 November 1920
Docket Number21517
PartiesTULLOS ET AL. v. BOARD OF SUP'RS OF SIMPSON COUNTY
CourtMississippi Supreme Court

October 1920

APPEAL AND ERROR. When notice to official stenographer for copy of notes must be given, stated.

When a cause is taken under advisement by the chancellor to be decided in vacation under the provisions of section 506, Code of 1906 (section 262, Hemingway's Code), the notice required by paragraph "a," chapter 111, Laws of 1910 (section 582, Hemingway's Code), to be given the official stenographer that a copy of his notes is desired must be given within thirty days after the vacation decree is rendered and entered on the minutes of the court.

HON. D M. RUSSELL, Chancellor.

APPEAL from chancery court of Simpson county, HON. D. M. RUSSELL, Chancellor.

Proceedings between G. W. Tullos and others and the Board of Supervisors of Simpson County. Judgment for the latter, and the former appeals. On motion to strike transcript. Motion sustained.

Motion sustained.

Wells, May & Sanders, for appellants.

Amis & Dunn and A. M. Edwards, for appellee.

No brief of counsel found in the record for either side.

OPINION

COOK, P. J.

This cause comes on to be heard on motion of the appellee to strike the stenographer's transcript of the evidence from the record. The second ground of the motion is that the stenographer was not notified in thirty days after the rendition of the final decree that a copy of his notes was desired, and that the said notes were not filed within sixty days after the rendition of such decree.

At the regular November term of the chancery court of Simpson county, this cause was heard upon the pleadings, exhibits, and proof, and the evidence was taken down by the official stenographer. Upon the conclusion of the hearing the chancellor entered a decree, taking the cause under advisement, to be decided in vacation, as authorized by section 506, Code of 1906 (section 262, Hemingway's Code). On December 6, 1919, a final decree was rendered and entered on the minutes of the court, and on the 16th day of December an appeal bond was filed and approved. On January 29, 1920, notice was given to the stenographer to file his transcript of the evidence, and the transcript was filed on April 15, 1920.

Section 506, Code of 1906 (section 262, Hemingway's Code), provides that:

"A chancellor may deliver opinions and make and sign decrees in vacation in causes taken under advisement by him at a term of the court; and by consent of the parties or of their solicitors of record, he may try causes and deliver opinions and make and sign decrees therein in vacation. Such decrees and all other orders and decrees which a chancellor may make in vacation shall be entered and recorded on the minute book of the court in which the cause or matter is pending, and shall have the same force and effect as if made, entered and recorded in term time, and appeals may be had therefrom as in other cases."

Chapter 158, Laws of 1912 (section 570, Hemingway's Code), confers upon circuit judges similar powers to render, make, and sign judgments in vacation in cases...

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3 cases
  • Mutual Health & Benefit Ass'n v. Cranford
    • United States
    • Mississippi Supreme Court
    • 15 Octubre 1934
    ... ... from the circuit court of Jones county HON. W. J. PACK, ... Action ... by Dr. Roland ... Alexander, 84 So. 697, 122 Miss. 643; Tullos v. Bd ... Supervisors of Simpson County, 86 So. 358, 124 ... ...
  • Mayflower Mills v. Breeland
    • United States
    • Mississippi Supreme Court
    • 2 Octubre 1933
    ... ... APPEAL ... from circuit court of Copiah county HON. E. J. SIMMONS, ... Action ... between ... Clark ... v. Duke, 59 Miss. 575, 579; Simpson v. Boykin, 118 ... Miss. 701, 718, 79 So. 852; Rayl v ... [168 ... Miss. 215] In Tullos v. Board of Sup'rs of Simpson ... County, 124 Miss. 121, ... ...
  • Southern Christian Leadership Conference, Inc. v. A. G. Corp.
    • United States
    • Mississippi Supreme Court
    • 19 Enero 1970
    ...Corporation, 251 Miss. 1, 167 So.2d 657 (1964); Ruiz v. Ruiz, 233 Miss. 192, 101 So.2d 533 (1958); Tullos v. Board of Supervisors of Simpson County, 124 Miss. 121, 86 So. 358 (1920). The chancellor's opinion clearly shows that the court reporter's notes were transcribed by the court reporte......

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