Birdsong v. Dodds
Mississippi Supreme Court
Ad execution was issued by a justice of tbe peace on a judgment in favor of appellant against appellee. The execution was for $84.30, and it recites that tbe judgment was rendered January 13, 1875. It was issued January 20, 1881, and was made returnable February 1, 1881. ■ Tbe sheriff levied it on some land and made bis return.
Read the full summary
Ad execution was issued by a justice of tbe peace on a judgment in favor of appellant against appellee. The execution was for $84.30, and it recites that tbe judgment was rendered January 13, 1875. It was issued January 20, 1881, and was made returnable February 1, 1881. ■ Tbe sheriff levied it on some land and made bis return. Defendant Dodds made a motion to quasb tbe execution: First, because said execution was issued without warrant of law, there being no such judgment of record-as is therein recited; second, because there was not fifteen days between its issuance and tbe return day…
1Opinion of the Court
Opinion.
2Per curiam
It is conceded, as we understand counsel, that the judgment is to be affirmed, and one ground of the motion to quash the execution, which was conceded to be sufficient to sustain the motion, is not before us, but we are asked to express our opinion on the first ground of the motion, and, doing so, declare that we are satisfied the judgment was rendered and recorded for $84.30, and at a date subsequent to the next April afterwards, was erased, and a judgment for a greater sum was interlined; and that this did not affect the judgment rendered and entered 13th January, and duly enrolled,…
3Cited by1 opinion
- Hammond-Gregg Co. v. BradleyMississippi Supreme Court · 1918