Nitto Denko America, Inc. v. ABCD Tapes

BOWLING, Justice,

for the Court:

Appellant Nitto Denko America, Inc., secured a default judgment in the amount of $69,450 against appellee ABCD Tapes, d/b/a Dixie Tape Company. Execution was issued on the judgment on May 30, 1980, returnable to the July 1980 term of Circuit Court in Harrison County; the term to be convened by statute on July 14.

The stamped return on the execution showed the stamp of appellee Sheriff Howard L. Hobbs, was dated July 21, 1980, and was signed by Deputy Sheriff McKenna. The stamp was a form “nulla bona” stamp. Appellant filed its motion for judgment alleging that…