Buckingham v. Bailey
Mississippi Supreme Court
In error, from the Monroe circuit court. Thomas E. Buckingham, on the 4th of December, 1838, made affidavit before John R. Greer, a justice of the peace for Monroe county, that John E. Foster was indebted to him, in the sum of two hundred and sixty-two dollars and sixteen cents, due the first day of January, 1839, by open account, and that Foster had absconded, so that the ordinary process of the law could not be served upon him.
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In error, from the Monroe circuit court. Thomas E. Buckingham, on the 4th of December, 1838, made affidavit before John R. Greer, a justice of the peace for Monroe county, that John E. Foster was indebted to him, in the sum of two hundred and sixty-two dollars and sixteen cents, due the first day of January, 1839, by open account, and that Foster had absconded, so that the ordinary process of the law could not be served upon him. Buckingham executed bond, with security, on the same date, which was approved by the magistrate, who, on the 25th day of January, 1839, issued a writ of attachment…
1Opinion of the CourtJustice Crayton
This is rather a complex case. It is admitted by counsel *544that there is error in the record, but it is insisted, that the error is not made to appear in such a manner that this court can act upon it. This is true of the errors relied on in argument, but there is another, lying at the root of the case, which goes to the jurisdiction of the court, and which shows that the proceedings before the judgment, as to the defendants in error, were coram non judice, and void.
On the 4th December, 1838, Buckingham made an oath for procuring an attachment against one John Foster, but the attachment did not…
2Cases cited3 opinions
- In the Matter of MetzgerSupreme Court of the United States · 1847
- Baird v. PeterSupreme Court of Virginia · 1813
- Mayor of Mobile v. EmanuelSupreme Court of the United States · 1843