(DOWNLOAD) "Brown v. State" by Mississippi Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Brown v. State
- Author : Mississippi Supreme Court
- Release Date : January 14, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Executors and Administrators — Settlement of Final Account — Reversal of Judgment With Directions — District Courts must Follow Directions — Judgments — Power of District Courts. Executors and Administrators — Final Account — Settlement — Appeal — Reversal of Judgment With Directions — District Courts must Follow Directions — Jurisdiction. 1. Where the supreme court in the disposition of an appeal from an order settling an administrators account remands the cause with directions to require that officer to file a further account and orders, as it may do under section 10372, Revised Codes of 1921, that the costs incident to the appeal shall be paid by the administrator personally, the jurisdiction of the district court is limited to the enforcement of the order, except that it may determine disputed questions of costs, or on final settlement of the account allow such portions of the costs incurred as a charge against the estate as justice may require. (Provisions of sections 9795 and 10190, Id., relating to costs against executors or administrators in certain actions or proceedings held inapplicable to proceeding of above nature.) Judgments — Amendments — Limit of Power of District Court. 2. The inherent power of the district court to amend its judgments goes no further than is necessary to make them express what was actually decided, where it appears from the face of the record that Page 74 a clerical mistake has been made in setting forth the determination of the court; otherwise they must stand until reversed on appeal. Same — Amendment by District Court not Conforming to Order of Supreme Court on Appeal Void. 3. Under the above rules, held, that where the district court, after correctly entering an order requiring an administrator personally to pay the costs of an appeal prosecuted by heirs of the estate objecting to his accounts, as directed by the supreme court, some seven months later ordered the entry amended so as to make the costs payable by the administrator out of estate funds, it acted without jurisdiction and its second order was void.
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