Bergen v. State ex rel. Chew
Mississippi Supreme Court
Appeal from the Circuit. Court of Washington County. Hon. B. F. Trimble, Judge. This action was brought against L. P. M. Watkins and his sureties on his official bond as clerk of the Circuit Court of Washington County, to recover for the use of W. S. Chew, damages resulting from the failure of Watkins, as such clerk, to record, as required by sect. 833 of the Code of 1871, the abstract of a judgment obtained in Issaquena County by Chew against James H. Buckner.
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Appeal from the Circuit. Court of Washington County. Hon. B. F. Trimble, Judge. This action was brought against L. P. M. Watkins and his sureties on his official bond as clerk of the Circuit Court of Washington County, to recover for the use of W. S. Chew, damages resulting from the failure of Watkins, as such clerk, to record, as required by sect. 833 of the Code of 1871, the abstract of a judgment obtained in Issaquena County by Chew against James H. Buckner. The abstract was delivered to Watkins, and at the same time his fees for filing, enrolling, and recording the same were paid to him.…
1Opinion of the CourtCamiujell, J.
■ The decisive question in this case is whether, under sect. 833 of the Code of 1871, a judgment rendered in one county, with an abstract of it made aud certified as required, and tiled in the office of the clerk of the Circuit Court of another county, in which property of the defendant may be situated, and enrolled on the judgment-roll in such office, but not recorded in a separate book kept for that purpose, became a lien in such *627other county by virtue of its enrolment, or did the failure to record as directed make the enrolment nugatory.
The lion of a judgment depends on the statute…
2Cited by1 opinion
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