Legal Opinion

McDugle v. Filmer

Mississippi Supreme Court

Decided March 15, 1901PublishedCited by 3 opinions

From tbe circuit court of DeSoto county. HoN. Z. M. Stephens, Judge. Filmer, tbe appellee, was plaintiff, and McDugle, appellant, was defendant in tbe court below. Tbe facts are stated in tbe opinion of tbe court.

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From tbe circuit court of DeSoto county. HoN. Z. M. Stephens, Judge. Filmer, tbe appellee, was plaintiff, and McDugle, appellant, was defendant in tbe court below. Tbe facts are stated in tbe opinion of tbe court. Tbe fact that tbe justice wbo issued tbe summons bad attempted to execute it, gave tbe justice’s court no more jurisdiction of tbe defendant than would a verbal message to come to court (Arnold v. Wynn, 26 Miss., 338), and tbe judgment rendered under these circumstances might have been attacked collaterally. Hence when it was brought to tbe attention of tbe circuit court, that a…

1Opinion of the CourtTerral, J.

On the seventeenth day of February, 1900, J. D. Filmer filed for suit before J. P. Buford, justice of the peace of DeSoto county, his claim for $200, and a summons was issued by said *55justice returnable at Lake Cormorant on the twenty-fourth day of February, 1900, and said summons was executed by the justice himself in due time, and, McDugle not appearing as required by said summons, a judgment by default was rendered against him for $200. Thereafter an execution issued upon said judgment, and was levied upon the property of McDugle, when, by certiorari, his complaint was brought before the…

2Cases cited3 opinions

  1. Morris v. ShryockMississippi Supreme Court · 1874
  2. Kyle v. KyleIndiana Supreme Court · 1876
  3. Louisville & Nashville Railroad v. McCollisterMississippi Supreme Court · 1888

3Cited by3 opinions

  1. Turner v. WilliamsMississippi Supreme Court · 1932
  2. Postal Telegraph-Cable Co. v. ThompsonMississippi Supreme Court · 1919
  3. State Line Mercantile Co. v. GoodwinMississippi Supreme Court · 1922

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