Harris v. West
Mississippi Supreme Court
In error from the circuit court of Marshall county; ITon. Hugh R. Miller, judge. The opinion of the court contains the facts of the case. The power of the courts to quash an execution for an abuse of the process has often been exercised, and is unquestionable.
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In error from the circuit court of Marshall county; ITon. Hugh R. Miller, judge. The opinion of the court contains the facts of the case. The power of the courts to quash an execution for an abuse of the process has often been exercised, and is unquestionable. Where the process has been irregularly issued, or been abused in the execution of it, whether their regularity or abuse appears by the record or not, it is the constant and approved practice of our courts to exercise the power to quash'the same upon motion; and in exercising this power, a court may inquire into the facts of the case by…
1Opinion of the CourtJustice Fisher
The plaintiff in error made a motion to quash an execution issued on the 5th day of July, 1851, upon a judgment rendered against him, in the circuit court of Marshall county, on the 17th of March, 1842, on the ground, that said judgment was rendered more than seven years before the 24-th of February, *1591851, and that all remedy therein was barred by the statute of limitations, passed on the 24th day of February, 1844. The court below overruled the motion, when the counsel for the plaintiff in error took a bill of exceptions, which shows that the motion was resisted and overruled, on the…
2Cited by8 opinions
- Brown, Toler & Phillips v. Hurt & Bro.Supreme Court of Alabama · 1857
- Jackson v. ScanlandMississippi Supreme Court · 1888
- Miller v. LewisMississippi Supreme Court · 1912
- Gunst v. DavisMichigan Supreme Court · 1922
- Seavy v. BennettMississippi Supreme Court · 1887
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