J. T. Moore & Co. v. Hoskins
Mississippi Supreme Court
From the circuit court of Lincoln county. Geo. S. Dodds, Esq., presided as special judge by consent. Appellants brought suit in 1882 against appellees I. W. Hoskins & Bro., before one Baggett, a justice of the peace. The defendants were summoned, but the return of the constable was merely that the summons was “ executed.” A judgment by default at the return term was entered against them, which is conceded to have been void because the return failed to show personal service.
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From the circuit court of Lincoln county. Geo. S. Dodds, Esq., presided as special judge by consent. Appellants brought suit in 1882 against appellees I. W. Hoskins & Bro., before one Baggett, a justice of the peace. The defendants were summoned, but the return of the constable was merely that the summons was “ executed.” A judgment by default at the return term was entered against them, which is conceded to have been void because the return failed to show personal service. The plaintiffs reposed upon the judgment as entered until 1886, when, learning that it was void, they gave the…
1Opinion of the CourtCooper, J.
The judgment entered by the justice of the peace in November, 1882, was void, because rendered at the return term, on service of process not shown to have been personal. Betts v. Baxter, 58 Miss. 329; Heirmann & Kahn v. Stricklin, 60 Miss. 234.
The position is untenable that the entry of the void judgment operated as a discontinuance of the cause. In Germania Insurance Company v. Francis, 52 Miss. 467, it is said that a technical disoontinuauce could hardly arise in this state. In Meyer Bros. v. Whitehead, 62 Miss. 387, judgment had been rendered at the return term of the writ on a return…
2Cases cited6 opinions
- Germania Fire Insurance v. FrancisMississippi Supreme Court · 1876
- Meyer Bros. v. WhiteheadMississippi Supreme Court · 1884
- Ralph v. PresterMississippi Supreme Court · 1855
- Heirmann v. StricklinMississippi Supreme Court · 1882
- Betts v. BaxterMississippi Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McIntosh v. Munson Road MacHinery Co.Mississippi Supreme Court · 1933
- Ewert v. ThompsonCourt of Appeals for the Eighth Circuit · 1922
- Boutwell v. GraysonMississippi Supreme Court · 1918
- Miller v. BeneckeNorth Dakota Supreme Court · 1927
- Abraham v. LevyCourt of Appeals for the Fifth Circuit · 1896
3 more not listed; retrieve them via the Exa API.