Harrington v. Wofford

Citations

• 46 Miss. 31

Syllabus

<p>1. Defective sebvice oe peocess — judgment ob decbee on such not void. — A judgment or decree rendered upon a defective service of process, is not void, but is good and valid until reversed by a direct proceeding in an appellate court, and its validity cannot be called in question collaterally.</p> <p>2. Peocess eob minoes — what it need not contain. — In an application for an order to sell the interest of minors in real estate, it is not necessary to state whether they have any near relations in this state ; nor is it necessary that the parents of minors should be stated to be such, either in the process or the return thereof, when served with process on account of their children.</p> <p>3. COMMTSSIONEB NOT NECESSABT TO ENTITLE PEOBATE OOUBT TO OBDEB SALE OE INTEREST OE MINOES UNDEB ABT. 153, p 164, Code oe 1857. — The law does not require that commissioners should be appointed to ascertain if the land can be divided, before a probate court can order a sale of the interest of minors in an application under art. 153, p. 464, Code of 1857. This is a matter for the determination of the court upon evidence on hearing the cause.</p> <p>4. Same —abt. 153, p. 464, Code 1857, constitutional.— Article 153, p. 464, of Rev. Code of 1857, is constitutional, and the power conferred by it may be properly exercised by the probate courts.</p>