Alexander v. Porter
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Porter and others, the appellees, were plaintiffs in the court below; Mrs. Alexander, the appellant, was defendant there. From a formal judgment in plaintiffs’ favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court.
Read the full summary
From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Porter and others, the appellees, were plaintiffs in the court below; Mrs. Alexander, the appellant, was defendant there. From a formal judgment in plaintiffs’ favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court. A judgment by default, entered at the return term, on constructive service, will not be permitted to stand, when the statute says: “Judgment by default shall not be entered at the return term unless it appear that the process has been served personally on the…
1Opinion of the Court
Mayes, L,
delivered the opinion of the court..The record in this case shows that the judgment entered by the ’ circuit court, is a void judgment. Suit was commenced in July, 1905, by an attachment against Mrs. Alexander, she being a nonresident at the time. Publication was duly made requiring her *587to appear at tbe September term, 1905, and at tbe September term, 1905, judgment by default was rendered against tbe defendant on tbis constructive service. On tbe motion to set aside tbe judgment in tbe lower court tbe invalidity of tbe judgment was not assigned as one of tbe reasons wby tbe court…
2Cited by3 opinions
- Copiah Hardware Co. v. Meteor Motor Car Co.Mississippi Supreme Court · 1924
- Gardner v. CadeMississippi Supreme Court · 1941
- J. B. Colt Co. v. WardMississippi Supreme Court · 1924