Martin v. Miller
Mississippi Supreme Court
Appeal from the circuit court of Smith county. Hon. W. H. Hughes, Judge. Action hy S. D. Miller against Gr. M. Martin. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
1Opinion of the CourtReed, J.
Appellant, the sheriff of Smith county, levied an execution issued on an enrolled judgment against appellee on certain cotton, the property of appellee. A replevin suit was filed by appellee to recover possession of the cotton. The circuit court gave a peremptory instruction to find for appellee.
It is contended that the judgment upon which the execution was issued is void. We find that the judgment was regular in all respects, reciting all necessary facts, including the proper service of summons upon defendant, to entitle the court to render the judgment. All presumptions of law are in favor…
2Cases cited2 opinions
- Cannon v. CooperMississippi Supreme Court · 1861
- Duncan v. Samuel M'Neill & Co.Mississippi Supreme Court · 1856
3Cited by5 opinions
- Magee v. GriffinMississippi Supreme Court · 1977
- Bolls v. U. S. SharkeyMississippi Supreme Court · 1969
- Reed v. General Motors Acceptance Corp.Mississippi Supreme Court · 1956
- Hollingsworth v. Central Oil Co.Mississippi Supreme Court · 1959
- State v. ChaneySupreme Court of Louisiana · 1922