Aubour v. Yazoo & Mississippi Valley Railroad
Aubour v. Yazoo & Mississippi Valley Railroad
Opinion of the Court
delivered the opinion of the court.
The appellee makes a motion to dismiss this appeal on the •ground that the court was held at an unauthorized time. It . appears that at the time the court was held it was not at a general term and no special term had been called. Under the
Tbe court was held at an unauthorized time, and it seems well settled that all proceedings in a court, at a time when the bolding of such court is unauthorized by law, and its jurisdiction is not exercised within tbe time prescribed for tbe term to be held, is* void. See page 728, 11 Cyc. and notes.
Motion sustained and appeal dismissed.
Reference
- Full Case Name
- Frederick J. Aubour v. Yazoo & Mississippi Valley Railroad Company
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Courts. Proceedings at unauthorized time. Neither a regular nor a special term,. Appeal. A court can be held only at a time provided for by law; all proceedings, purporting to be court proceedings, had, at neither a regular nor a special term, but at an unauthorized time are void» and an appeal does not lie therefrom to the supreme court.