Marks, Rothenberg & Co. v. McElroy

Citations

• 67 Miss. 545

Syllabus

<p>1. 'Jurisdiction. Presumption. Exercise of special statutory power.</p> <p>In exercising special statutory powers, conferred in derogation of the com mon law, and proceeding under the statute, a court (though of record) is to be considered as of limited jurisdiction, and is not to be presumed to have jurisdiction other than is shown to exist.</p> <p>2. Same. Chancery court. Removing disability of minority. Jurisdiction not presumed,.</p> <p>On the trial of a'suit where infancy is pleaded, a decree purporting to remove the defendant’s disabilities of minority before the debt was contracted, is not admissible in evidence unless it is shown that the chancery court acquired jurisdiction to render it. No presumption of jurisdiction arises from the mere fact that the decree was rendered.</p>