[Download] "Terminix International" by In the Supreme Court of Mississippi ~ Book PDF Kindle ePub Free
eBook details
- Title: Terminix International
- Author : In the Supreme Court of Mississippi
- Release Date : January 09, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Certiorari รข€” Judgments รข€” Amendment รข€” Inherent Power of District Courts รข€” Special Order Made After Final Judgment Appealable รข€” Writ not Available to Review Correctness of Order. Judgments รข€” Findings of Fact and Conclusions of Law Do not Constitute Judgment. 1. Findings of fact and conclusions of law made by the district court in an equity case do not constitute the judgment; they are merely the foundation for a judgment. Same รข€” District Courts have Inherent Power to Amend Judgments. 2. District courts have the inherent power to amend their judgments so that they shall truly express that which was actually decided, where it appears that a clerical mistake has been made in setting forth that which was in fact determined by the court. Page 531 Certiorari รข€” Writ not Available Where Appeal Lies. 3. The writ of certiorari does not lie where the remedy by appeal exists. Orders รข€” Upon What Appealability Does not Depend. 4. The appealability of an order does not rest upon what may be its operative effect, and therefore the question whether it is void or not cannot govern its appealability. Judgments รข€” Amendment รข€” Order Appealable as Special Order Made After Final Judgment รข€” Not Reviewable on Certiorari. 5. Held, that an order amending a judgment entered four months prior thereto was a special order made after final judgment and as such appealable under subdivision 2 of section 9731, Revised Codes 1921, and that therefore its correctness may not be reviewed on certiorari.