Aaron v. Davidson
Mississippi Supreme Court
In error from the circuit court of Tippah county; Hon. Hugh R. Miller, judge. Thomas J. Davidson, the appellee, recovered three judgments against John H. Brian, before a justice’s court in Tippah county, for the following amounts: $32.90, $10.76, and $33.82, upon which judgment executions were issued in due time; and on the 4th of December, 1850, they were levied on a negro girl, named Rosa, as the property of said John H. Brian.
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In error from the circuit court of Tippah county; Hon. Hugh R. Miller, judge. Thomas J. Davidson, the appellee, recovered three judgments against John H. Brian, before a justice’s court in Tippah county, for the following amounts: $32.90, $10.76, and $33.82, upon which judgment executions were issued in due time; and on the 4th of December, 1850, they were levied on a negro girl, named Rosa, as the property of said John H. Brian. But Aaron Brian came forward and made affidavit, that the said negro slave was his property, and gave bond to try the right of property before a justice of the…
1Opinion of the CourtJustice Yerger
The principal question presented by this record is, whether the act of 24th of February, 1844, (Hutch. Code, 891,) commonly called the “ enrolment law,” applies to judgments rendered by justices of the peace.
By the act of 15th of December, 1830, (Hutch. Code, 701,) it is declared that all judgments obtained in, and executions issued from any justice’s court, shall bear equal dignity with judgments and executions of a circuit court, and shall bind the property of the defendant from the date of the judgment.
The “ enrolment law ” made it the duty of the clerk of the circuit court to enter upon…
2Cited by5 opinions
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