Betts v. Baxter
Mississippi Supreme Court
Error to the Circuit Court of Itawamba County. Hon. J. A. Green, Judge. The case is sufficiently stated in the opinion of the court. 1. Is the judgment void because taken at the return-term? Sect. 632 of the Code of 1871, which prohibits the taking of a judgment by default at the return-term on constructive service of process, is found in the chapter on pleading and practice of the Circuit Court, and hence the prohibition does not extend to judgments rendered in the…
Read the full summary
Error to the Circuit Court of Itawamba County. Hon. J. A. Green, Judge. The case is sufficiently stated in the opinion of the court. 1. Is the judgment void because taken at the return-term? Sect. 632 of the Code of 1871, which prohibits the taking of a judgment by default at the return-term on constructive service of process, is found in the chapter on pleading and practice of the Circuit Court, and hence the prohibition does not extend to judgments rendered in the justice’s court. Sect. 630, Code 1871, makes the practice established by this chapter applicable to all other courts in this…
1Opinion of the CourtGeorge, J.
This is a motion in the court below against a constable and his sureties for a failure to return an execution at the proper time. The court excluded from the evidence the judgment on which the execution issued, upon the ground that it was void. The judgment excluded was x'endered by a justice of the peace upoix a return on the summons of constructive service oix the defendant. It is insisted that the constable had no power under the statute to make aixy service under the summons but personal seiwice, and hence that the return was void. This would be true if the service is to be tested by the…
2Cited by2 opinions
- J. T. Moore & Co. v. HoskinsMississippi Supreme Court · 1889
- Heirmann v. StricklinMississippi Supreme Court · 1882