Williams v. Hinson

The plaintiff filed a petition to enjoin the enforcement of an execution issued from a justice’s court, contending that the execution and the judgment upon which it was based were void, because the judgment was rendered by the justice at a time when the court could not legally be held, inasmuch as another date had properly, and in accordance with the statute, been fixed and appointed for the holding of the court. The petition, at the appearance term of the superior court, was dismissed upon demurrer. Meld: Without discussing the question as to whether or not the judgment was void as contended…