Chisholm v. Chisholm

Citations

• 114 Miss. 332
• 75 So. 125

Syllabus

<p>Divorce. Setting cause for hearing before statutory period.</p> <p>Under section 1676, Code 1906, providing that the proceedings to obtain a divorce shall be conducted as other suits in chancery such cases are governed by section 603 of the Code which provides that an answer shall be taken as true if complainant set the cause for hearing before the expiration of the time allowed for taking testimony, and so .where defendant’s answer denied all of the allegations of the bill and complaint set down the cause for hearing in less than four months allowed by' section 1937 of the Code for taking depositions, defendant was entited either to a decree dismissing the hill or to a continuance of the case, so that he might have the time allowed hy the statute for taking depositions.</p>