Pattison v. Josselyn

Citations

• 43 Miss. 373

Syllabus

<p>1. Chajtceev Pbactice — Disceetiok of the Coubt__The chancery court has the discretion at the same term at which a final decree is pronounced, for good cause, to alter, modify or set it aside. This discretion continues oyer interlocutory orders, so long as the cause is in progress, no matter at what term they may have been rendered, and does not cease till the case terminates in a final decree. But such discretion is not arbitrary or capricious. It is defined and regulated by tho practice of the court, of which litigants must take notice, at then- peril.</p> <p>2. Same. — When a demurrer to a bill has been disallowed and reasonable time given for answer, and no answer filed, and afterwards the party complainant refrains from putting defendants in default for a long space of time — as from August till the next Tune — the court, before admitting an answer to be filed, should demand the most conclusive showing of causes for the delay, accompanied with a meritorious and conclusive answer. The answer itself should accompany the explanation, so that the court below, and this court on error, may judge of its merits. Eev. Code, p. 548, art. 57.</p> <p>3. Same — Eeeoe__Ordinarily, whatever was in the discretion of the chancery court —as are many things in the progress of a cause — cannot be assigned for error.</p> <p>4. CoMsnssiosrEB’s Sales. — Where the facts are such as to compel the conviction that thero has been collusion between a defendant to a decree and the purchaser at a sale, to bring on the sale without complainant’s knowledge, and that, so the property was sold, and at a grossly inadequate price, it is no abuse of the chancellor’s discretion to sot aside and refuse to confirm such sale.</p>