Bailey v. Fitz-Gerald

Citations

• 56 Miss. 578

Syllabus

<p>1. Probate Court. Guardianship. Decree against a minor unrepresented.</p> <p>Under the Code of 1857, a decree upon the final settlement of a guardian, where the ward, being still a minor and unmarried, was not represented in the proceedings by a guardian ad litem, is void as against the ward; and the fact that he was duly summoned could not give any validity to the decree. Bumcs v. Bumcs, ante, p. 92, appi-oved.</p> <p>2. The OrviL War. Legislative and judicial authority of the State. What acts invalid.</p> <p>During the civil war, the Legislature of this State had the right to legislate upon all subjects of internal and domestic policy, and the courts could exercise their ordinary and accustomed jurisdiction, except that any law enacted or any judicial act done in contravention of the Federal Constitution, or in aid of the Confederate struggle to subvert the authority of the United States, was null and void.</p> <p>3. Jurisdiction. State Supreme Court. United States Supreme Court. Authority of decisions.</p> <p>This court will follow the decisions of the Supreme Court of the United States in “ all cases to which the jurisdiction of that court extends, under the Federal Constitution,” but will maintain, in full measure, its right to declare the rules of law in all cases arising under the Constitution, statutes, and customary laws of this State, where the Constitution, the laws, or the treaties of the United States are not involved, and will adhere to its own convictions and judgments in the latter class of cases, though at variance with the Federal judiciary.</p> <p>4. Executor. Investment in Confederate bonds. In aid of the Confederacy. Federal question.</p> <p>Where a guardian, in 1863, in pursuance of an order of the Probate Court, invested his ward’s money in bonds of the Confederate States, he may he com■pelled by the ward to account and settle for the money so invested, notwithstanding the investment was authorized by a statute of this State enacted in Augu