Oliver v. Baird
Mississippi Supreme Court
From the chancery court of Lowndes county. Hon. James F. MoCool, Chancellor. Oliver, appellant, was complainant in the court below; Baird and another, appellees, were defendants there. From a decree dismissing the suit complainant appealed to the supreme court. The object of the suit was to enjoin and annul a judgment obtained against complainant, as a nonresident, in an attachment proceeding in the .circuit court, where judgment had been taken against him by default.
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From the chancery court of Lowndes county. Hon. James F. MoCool, Chancellor. Oliver, appellant, was complainant in the court below; Baird and another, appellees, were defendants there. From a decree dismissing the suit complainant appealed to the supreme court. The object of the suit was to enjoin and annul a judgment obtained against complainant, as a nonresident, in an attachment proceeding in the .circuit court, where judgment had been taken against him by default. The bill charged that the appellant never had any notice of the attachment proceeding until after the judgment had become…
1Opinion of the CourtMayes, J.
The facts in this case show that the judgment entered was a void judgment. This being true, the facts here bring the ease clearly within the rule laid down in the case of Duncári *723v. Gerdine, 59 Miss., 550, and. resort to a court of equity under the circumstances was proper. At the time judgment was rendered in this case the record shows that there was no proof of publication before the court.
For these reasons, the cause is reversed and remanded.
2Cases cited1 opinion
- Duncan v. GerdineMississippi Supreme Court · 1882
3Cited by3 opinions
- Board of Sup'rs v. OttleyMississippi Supreme Court · 1926
- Jones v. New Orleans & N. E. R.Mississippi Supreme Court · 1952
- Austin-Western Road MacHinery Co. v. Webster CountyMississippi Supreme Court · 1934