Dogan v. Barnes
Mississippi Supreme Court
From the circuit court of Tallahatchie county. Hon. F. A. Montgomery, Judge. Dogan, the appellant, was the plaintiff in the court below. Barnes, the appellee, was defendant there. Dogan recovered a judgment before a justice of the peace, in 1891, against Barnes. In 1896 certain lands were levied upon and sold under execution issued on the judgment.
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From the circuit court of Tallahatchie county. Hon. F. A. Montgomery, Judge. Dogan, the appellant, was the plaintiff in the court below. Barnes, the appellee, was defendant there. Dogan recovered a judgment before a justice of the peace, in 1891, against Barnes. In 1896 certain lands were levied upon and sold under execution issued on the judgment. On the very day the lands were sold, however, Barnes made a motion before the justice of the peace to quash the execution and vacate the judgment, claiming that the judgment was void, because rendered by default on the return day of the summons…
1Opinion of the CourtWoods, C. J.
The judgment by default at the return term on this return of the officer charged with the execution of the summons, viz.: ‘‘ Executed this writ by personal service on R. M. Barnes, this Jan. 6, 1891,” was erroneous, in that the return of the officer fails to state the facts upon which he based his conclusion that there had been personal service of the process. The statute then in force, and now in force, prescribes the manner of serving original process: “ (1) Upon the defendant personally, if to be found in the county, by handing him a true copy of the process. ’ ’ In the case before us the…
2Cases cited5 opinions
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- Hirschburg Optical Co. v. S. A. Jackson & Co.Mississippi Supreme Court · 1885
- Rankin v. DulaneyMississippi Supreme Court · 1870
- Semmes v. Patterson, Henry & Co.Mississippi Supreme Court · 1887
- Thomas v. StateMississippi Supreme Court · 1884
3Cited by1 opinion
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