Beard v. McLain

Citations

• 117 Miss. 316
• 78 So. 184

Syllabus

<p>1. JudsmeNt. Vacation after term. Adjourned terms.</p> <p>All final decrees made in term time remain in the breast of the chancellor until the adjournment, and may be amended or va- , cated at any time during the term, but not afterwards.</p> <p>2. Same.</p> <p>Where a special term was called by the chancellor for June, an order by him attempting to adjourn such term until August and retain control and jurisdiction over final decrees rendered at such special term whs void, so that a decree setting aside at the August term a final decree, rendered at the June term was void.</p> <p>3. Courts. Adjourned term. Continuance.</p> <p>Since section 989, Code 1906 (Hemingway’s Code, section 709), provides for an adjourned session of court only if the judge be absent, and Laws 1914, chapter 239, authorizes a continuance of the term only until the business of the term is finished, an order of a chancellor at a special June term at which he was present, adjourning the term over until August, was void and did not make the August term a part of the June term.</p>