Cases Argued and Decided in the Supreme Court of Mississippi (Volume 55) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879. Excerpt: ... Brief for appellant. C. G. Pittman V. W. A. Mcclellan Et Al. 1. Chancery. Practice. Setting aside a pro confesso. Under the chancery practice of England, and that which generally prevails in the United States, it is discretionary with the court to set aside a decree pro confesso or not. But our statute has made it the duty of the court to vacate a pro con fesso, for "good cause shown, supported hy the affidavit of the party, or his solicitor, making the application," and has made the action of the court upon such application subject to review on appeal. 2. Same. Practice. Setting aside a pro confesso. When a defendant makes application to have a pro confesso set aside, he must exhibit his answer, or must show why he cannot do so, and ask for further time; and, if he does neither, he will not be considered as showing " good cause" for relief. 3. Statute Of Limitations. Neglect of administrator to sue. Rights of infant distributees. The failure of an administrator to sue on, or collect, a note due his intestate until it has become barred by the statute of limitations, does not affect the infant distributees of the estate, but they may bring suit on such note, within the time limited by the statute, after they become of legal age. Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. The bill in this case was filed by the appellees to enforce the vendor's lien on a tract of land sold by their father, Silas. Pittman, in 1857, for the payment of a note for $1,000, which represented the balance of the purchase-money unpaid. Silas Pittman died in 1859, and the administratrix of his estate failed to collect the note, and allowed it to become barred, as to her, by the statute of limitations. The pleadings show that the complainants, who ar...