Alabama & Vicksburg Railway Co. v. Bolding
Mississippi Supreme Court
From the circuit court of the second district of Hinds county. Hon. J. B. Chrisman, Judge. Appellee, Frederick Bolding, a ■ minor, by next friend brought this action in the court below to recover damages for personal injuries. . The declaration was against “Alabama & Vicksburg Railroad Company,” and the summons cohformed to the declaration.
Read the full summary
From the circuit court of the second district of Hinds county. Hon. J. B. Chrisman, Judge. Appellee, Frederick Bolding, a ■ minor, by next friend brought this action in the court below to recover damages for personal injuries. . The declaration was against “Alabama & Vicksburg Railroad Company,” and the summons cohformed to the declaration. The return first made on the summons was: “Executed this twentieth of November, 1890. R. J. Harding, Sheriff, by J. J. G-old, D. 8.” On this return a judgment by default was entered at the return term and a writ of inquiry awarded to ascertain the damages.…
1Opinion of the CourtCampbell, C. J.
The only ground on which the motion to vacate the judgment could be sustained, is that it is void. Mere irregularities —questions, of error or no error — such as might cause a reversal on appeal, and for which the judgment would not be pronounced void, cannot be availed of by motion before the court which rendered the judgment. It cannot, at a term subsequent to the judgment, reverse or annul it for mere errors of law in the proceedings. Only this court can do that.
The only ground, of those alleged, on which the judgment assailed could be held to be void, is that the defendant was not…
2Cases cited7 opinions
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- First National Bank v. JaggersCourt of Appeals of Maryland · 1869
- Parry v. WoodsonSupreme Court of Missouri · 1863
- Hall v. HallMassachusetts Supreme Judicial Court · 1804
- Waterbury v. MatherNew York Supreme Court · 1837
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Pointer v. HuffmanMississippi Supreme Court · 1987
- Amerson v. StateMississippi Supreme Court · 1994
- Dean v. BrannonMississippi Supreme Court · 1925
- First Jackson Securities Corp. v. B. F. Goodrich Co.Mississippi Supreme Court · 1965
- Stevenson v. StateMississippi Supreme Court · 1998
16 more not listed; retrieve them via the Exa API.