Sagory v. Bayless

Citations

• 21 Miss. 153

Syllabus

<p>While a court continues in session, it may, in most cases, exercise power over its judgments and decrees ; but after the term has elapsed this power ceases; the judgments are then final, and can only be reviewed by appeal or writ of error.</p> <p>According to the practice in this state, in the superior court of chancery, decrees are drawn up by counsel, and submitted to the chancellor for his signature; and when it is signed and placed upon the records of the court, it is to be considered as enrolled.</p> <p>After, therefore, a decree has been signed and spread upon the minutes, and the term has elapsed at which it was rendered, the superior court of chancery has no power on petition to set aside or open such decree; it can only be done by bill of review or appeal.</p> <p>The superior court of chancery, by the law of 1842, has two terms per annum, commencing respectively in June and December; nor is that act so changed by the supplemental act of , to that of 1842, (which provides that the . court shall be always open,) as to take away the regular stated terms.</p> <p>Where, therefore, the chancery court adjourned on the 29th of November, 1847, to court in course, which was held on the first Monday in the next month (December), it was held, that all decrees rendered at the June term became final on the adjournment, and would not be set aside by petition on the first day of the next term, though it came only five days after the adjournment.</p>