Roberts v. Weiler & Haas
Mississippi Supreme Court
Error to tbe Circuit Court of Monroe County. Hon. J. A. Green, Judge. A judgment, was rendered in favor of the defendants in error against the plaintiffs in error, by a justice of the peace, upon a scire facias to revive a former judgment, because no execution had been issued thereon within a year and a day from its rendition. From this judgment of revival an appeal was taken to the Circuit Court, where the judgment of the lower court was affirmed.
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Error to tbe Circuit Court of Monroe County. Hon. J. A. Green, Judge. A judgment, was rendered in favor of the defendants in error against the plaintiffs in error, by a justice of the peace, upon a scire facias to revive a former judgment, because no execution had been issued thereon within a year and a day from its rendition. From this judgment of revival an appeal was taken to the Circuit Court, where the judgment of the lower court was affirmed. Thereupon a writ of error was sued out from this court. 1. The act of 1870 (Acts, 104), transferring the case fromi the Circuit to the Justice’s…
1Opinion of the CourtChalmers, J.
The proceeding was by scire facias to revive a judgment; rendered in the Justice’s Court. Ordinarily, the only valid answer in such cases is payment since the rendition, or that: *252the judgment was void. The bankrupt discharge, attempted to be set up as an answer to the scire facias, is not available, because it had been obtained before rendition of the judgment, .and should have been pleaded upon the original trial. Not .having been then pleaded, it is waived. Jones v. Coker, 53 Miss. 195.
It is said that the judgment is void because the Justice’s ‘Court had no jurisdiction. The suit was…
2Cases cited1 opinion
- Jones v. CokerMississippi Supreme Court · 1876
3Cited by1 opinion
- Isom v. ClarkMississippi Supreme Court · 1930