Hunter v. Stanford

Mississippi Supreme Court

Hunter v. Stanford

22 So. 2d 166, 198 Miss. 299, 1945 Miss. LEXIS 196

Mississippi Supreme Court·Decided May 14, 1945·No. No. 35841.·Published·Cited by 4 cases

Opinion

*301 Griffith, J.,

delivered the opinion of the court.

On a former day we dismissed the appeal herein without an opinion, first, as to the guardian because it is an attempt to appeal from an order which he, as guardian, petitioned the court to make, and which therefore was by his consent, see Sec. 1147, Code 1942; 4 C. J. S. Appeal and Error, Sec. 213, pp. 404, 405; and, second, as to the other proposed appellants, because they were not parties to the proceedings sought to be reviewed. Farmers & Merchants Bank v. Rushing, 175 Miss. 826, 831, 167 So. 784. For the same reasons, we decline to reinstate. It may be that those now complaining may have some recourse, as to which we express no opinion, but it is not by appeal.

Motion overruled.

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*301 Griffith, J.,

delivered the opinion of the court.

On a former day we dismissed the appeal herein without an opinion, first, as to the guardian because it is an attempt to appeal from an order which he, as guardian, petitioned the court to make, and which therefore was by his consent, see Sec. 1147, Code 1942; 4 C. J. S. Appeal and Error, Sec. 213, pp. 404, 405; and, second, as to the other proposed appellants, because they were not parties to the proceedings sought to be reviewed. Farmers & Merchants Bank v. Rushing, 175 Miss. 826, 831, 167 So. 784. For the same reasons, we decline to reinstate. It may be that those now complaining may have some recourse, as to which we express no opinion, but it is not by appeal.

Motion overruled.

Hunter v. Stanford, 22 So. 2d 166, 198 Miss. 299, 1945 Miss. LEXIS 196 (Mich. 1945).

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Opinion

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