Alfred v. Batson
Mississippi Supreme Court
Prom the circuit court of Pearl Biver county. Hon. William H. Cook, Judge. Batson, appellee, was plaintiff in the court below; Alfred and another, appellants, were defendants there. Prom a judgment in plaintiff’s favor the defendants appealed to the supreme court. The case is fully stated in the opinion of the court.
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Prom the circuit court of Pearl Biver county. Hon. William H. Cook, Judge. Batson, appellee, was plaintiff in the court below; Alfred and another, appellants, were defendants there. Prom a judgment in plaintiff’s favor the defendants appealed to the supreme court. The case is fully stated in the opinion of the court. The transcript of the record was inadmissible because it showed on its face that the judgment was absolutely void, being a judgment by default without legal service on the defendant and thus violative of those provisions of both the constitution of the United States and of the…
1Opinion of the CourtCalhoon, J.
This was a declaration in ejectment, brought by the appellee, Batson, against the appellants, to recover certain land, to which there was a plea of not guilty. Batson claims title because of an execution issued by the circuit clerk on an enrolled and recorded judgment of the justice of the peace in favor of Batson against the appellants. In the course of the trial Batson, to make out his case, offered a transcript of the proceedings before the justice of the peace, enrolled in the circuit clerk’s office and recorded in the chancery clerk’s office. The solitary objection made in the court…
2Cited by1 opinion
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