Ames v. Williams

Citations

• 72 Miss. 760

Syllabus

<p>1. Chancery Coubt. General jurisdiction. Manor’s business.</p> <p>In minor’s business, just as in matters of general equity, tbe chancery court exercises a jurisdiction conferred by the constitution— a general jurisdiction — and its records need not show the facts authorizing the exercise of such jurisdiction in a particular ease.</p> <p>.2. Same. Appointment of guardian. Presumption of validity.</p> <p>The power of said court to appoint guardians for minors does not depend on the statute regulating its exercise, but is a part of the g-eneral jurisdiction conferred by the constitution. When such appointment is made, every presumption applicable to the judgment of any other court of record is to be indulged in support of the decree.</p> <p>.3. Same. Clerk as gu,ardían. Appointment. Presumption. Code 1880, \\ 2117.</p> <p>Section 2117, code 1880, committing- the guardianship of minors in certain cases to the clerk of the chancery court of the county in which they reside, does not confer jurisdiction on the chancery court, but is a mere statutory direction as to the exercise of its general jurisdiction already existing- under the constitution, and compliance with the statute is presumed in every case where the jurisdiction is exercised.</p> <p>4. Same. General jv/riscMctrion. Decree. Collateral attach.</p> <p>As to this, the court is not one of limited or inferior jurisdiction, hut, having- general jurisdiction, its decree appointing the clerk guardian cannot he collaterally attacked hy showing that the minor did not live within the county where the court was held, and this although the record is silent as to the residence of the minor. This can only be done hy showing that under no circumstances could the court have exercised jurisdiction. JTcurrer v. Clark, 39 Miss., 195, overruled.</p>