McCaleb v. McCaleb

Decided March 15, 1917

Mississippi Supreme Court · decided 1917-03-15

. Appeal from the chancery court of Harrison county. HoN. J. M. SteveNS, Chancellor. On motion to retax cost after decree was affirmed. For former opinion see 110 Miss. 486, 70 So. 563. The facts are sufficiently stated in the opinion of the court. i

Cited by 1 later decisions — most recently May 2007

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Relies on McCaleb v. McCaleb

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Decided 1917-03-15

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Smith, C. J.,

¶1delivered the opinion of the court.

¶2The decree of the court below was affirmed on a former day of this term, and in responding to a suggestion of error filed by counsel for appellants we said: [The opinion in full is reported in 110 Miss. 486, 70 So. 563.]

¶3Pursuant to this permission, counsel for appellants-have filed a proper assignment of error and brief; and, *338upon an examination of the question presented, we are of the opinion that the fees of the jurors should not have been taxed against the litigants, as we have been unable to find any statute authorizing that to be done.

¶4The decree of the court below, therefore, will be modified by eliminating this provision therefrom.