BENNETTA McGEE-JOHNSON and CHARLES McGEE, Plaintiffs-In-Error, v. HER HONOUR LUVENIA ASH-THOMPSON, Judge of the People’s Monthly and Probate Court, Montserrado County, and DANIEL DERRICK, Defendants-In-Error.

PETITION FOR A WRIT OF ERROR TO THE PEOPLES MONTHLY AND PROBATE COURT, MONTSERRADO COUNTY.

Decided: January 21, 1983.

SMITH, J., presiding in chambers

When this case was called for hearing in keeping with a notice of assignment, Counsellor Clarence E, Harmon appeared for the plaintiffs-in-error and Counsellor McDonald M. Perry appeared for the defendants-in-error, and they called the Court’s attention to a stipulation filed by them, which I quote hereunder for the benefit of this ruling:

“STIPULATIONS OF PARTIES

“WHEREAS the above named plaintiffs-in-error have petitioned this Honourable Court for the issuance of the writ of error in the above proceedings;

WHEREAS the contention of the plaintiffs-in-error is legally sound and conceded by defendants-in-error;
NOW, THEREFORE, the following are agreed by the parties hereto:

1. That upon the signing of the above stipulations by the parties hereto and approval thereof by the Chambers Justice, the parties will return to the court below for regular trial of the issues raised in said court below and either party shall have the right, if he so desires, to appeal from any judgment or ruling made by said court.

Respectfully submitted,

/s/ Clarence E. Harmon
/t/ Clarence E. Harmon
COUNSELLOR-AT-LAW,
FOR THE PETITIONERS

/s/McDonald M. Perry
/t/ McDonald M. Perry
COUNSELLOR-AT-LAW
FOR THE RESPONDENTS”

“Dated this 15th day of September, A. D. 1982.” (Sic).

In view of the above stipulation, it is the order of this Court that the petition for a writ of error be, and the same is hereby stricken from the docket of this Court.
The Clerk of this Court is hereby ordered to send a mandate to the trial court, commanding the judge therein presiding to resume jurisdiction and give effect to the stipulation of the parties hereinabove quoted. And it is hereby so ordered.

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Categories: 1983
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