Bowles v. Wood

Citations

• 90 Miss. 742
• 44 So. 169

Syllabus

<p>1, Partition. Solicitor’s fees: Code. 1906, § 3542; Code 1892, § 3119.</p> <p>In an action for partition, where defendant’s employment of a separate solicitor was essential to the protection of his rights, the court should not, under Code 1892, § 3119; Code 1906, § 3542, regulating the subject, charge defendant’s interest in the land with any part of complainant’s solicitor’s fees.</p> <p>2. Supreme Court. Argument before special judge. Decision after his retirement.</p> <p>The losing party cannot claim that he was wronged because his case, argued in the absence of the chief justice before the other two judges of the supreme court and a special judge, was decided after the return of the chief justice to and the retirement ■ of the special judge from the bench, although the chief justice delivered the opinion in the case and the two regular judges who heard the argument merely concurred.</p>