Legal Opinion · Dissent

Bank of Philadelphia v. Posey

Mississippi Supreme Court

Decided September 15, 1922No. 22247Published

1DissentEthridge, J.

I cannot agree with my Brethren of the court in that part of the majority opinion in which they hold that a judgment void as to one is not void as to all, because by the decisions of this court almost from the beginning of the government down to date the contrary has been held, and it has uniformly been held that the judgment was an entirety, and if void as to one is void as to all, until Division A of this court, in Hattiesburg Hardware Co. v. Pittsburg Steel Co., 115 Miss. 663, 76 So. 570, sounded the first discordant note in the decisions of this state upon that subject, and gave to…

2Cases cited30 opinions

  1. Dixon County v. FieldSupreme Court of the United States · 1884
  2. Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
  3. Hoy v. HoyMississippi Supreme Court · 1908
  4. Swan v. GrayMississippi Supreme Court · 1870
  5. Root v. McFerrinMississippi Supreme Court · 1859

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