Dufour v. Chapotel
Mississippi Supreme Court
Feom the circuit court of Harrison county. Hon. H. S. Terral, Judge. The facts are sufficiently stated in the opinion of the court. 1. The first assignment of error is predicated of the action of the court below in striking Miss Watt’s plea in abatement from the files. She never was served with process in the justice’s court, and the judgment there rendered against her was utterly void. The justice of the peace never acquired jurisdiction of her person.
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Feom the circuit court of Harrison county. Hon. H. S. Terral, Judge. The facts are sufficiently stated in the opinion of the court. 1. The first assignment of error is predicated of the action of the court below in striking Miss Watt’s plea in abatement from the files. She never was served with process in the justice’s court, and the judgment there rendered against her was utterly void. The justice of the peace never acquired jurisdiction of her person. If his judgment was utterly void for want of jurisdiction, how can the circuit court have jurisdiction on appeal ? It is well settled that…
1Opinion of the CourtWoods, C. J.
This was an action on an open account brought in a magistrate’s court by appellee against Dufour and the other appellant, Miss Watt, jointly. Summons was issued for both and legally served upon Dufour, but was not served on Miss Watt in any manner known to our law. The justice of the peace rendered judgment by default against Dufour and Miss Watt, from which both appealed to the circuit court. In the latter named court, Miss Watt filed her plea to the jurisdiction of the court, on the ground of the want of jurisdiction in the magistrate’s court to render judgment against her, because of the…
2Cited by3 opinions
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