Meyer Bros. v. Whitehead
Mississippi Supreme Court
Appeal from the Circuit Court of Franklin County. Hon. J. B. Chrisman, Judge. Meyer Brothers sued T. J. Whitehead in assumpsit, and at the March term, 1883, of the court recovered a judgment by default against the defendant. ■ An execution' was issued upon this judgment on the 14th of November, 1883, returnable to the March term, 1884, of the court.
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Appeal from the Circuit Court of Franklin County. Hon. J. B. Chrisman, Judge. Meyer Brothers sued T. J. Whitehead in assumpsit, and at the March term, 1883, of the court recovered a judgment by default against the defendant. ■ An execution' was issued upon this judgment on the 14th of November, 1883, returnable to the March term, 1884, of the court. On the second day of the last-mentioned term the defendant made a motion to quash the execution and vacate the judgment upon which it was based, on the ground that the summons, upon the service of which the judgment was rendered, was served on the…
1Opinion of the CourtCampbell, C. J.
Section 1533 of the Code of 1880 provides that “the return of the officer serving any process may in the same action be shown to be untrue by either of the parties,” and removes all ground of objection to a proceeding by writ of error coram nobis, or motion as a substitute for it, before the court which has rendered judgment on a false return of service of a summons to vacate such judgment.
In Mayfield v. Barnard, 43 Miss. 270, it was held that the defendant, who desired to question the officer’s return of service of a summons in a pending action, should plead in abatement. In this case…
2Cases cited1 opinion
- Mayfield v. BarnardMississippi Supreme Court · 1870
3Cited by14 opinions
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- J. T. Moore & Co. v. HoskinsMississippi Supreme Court · 1889
- H. Lupkin & Sons v. RussellMississippi Supreme Court · 1914
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