Legal Opinion

Arnold v. Wynn

Mississippi Supreme Court

Decided December 15, 1853PublishedCited by 3 opinions

In error from the circuit court of Lowndes county; Hon. F. M. Rogers, judge. The facts are contained in the opinion of the court. 1. Judgment was taken by default upon process directed to the sheriff of Lowndes county, and executed by “ J. K. Pierce, J. P. and acting coroner.”

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In error from the circuit court of Lowndes county; Hon. F. M. Rogers, judge. The facts are contained in the opinion of the court. 1. Judgment was taken by default upon process directed to the sheriff of Lowndes county, and executed by “ J. K. Pierce, J. P. and acting coroner.” Judgment, without service of process, is illegal and void. 5 How. 688; 1 S. & M. 351; lb. 521; 7 lb. 85; 2 lb. 286; 2 Cushm. 188; lb. 648. A joint judgment bad as to one is bad as to all. 1 How. 527; 4 S. & M. 737; 6 How. 517; 2 lb. 786; 2 Cushm. 485; 14 Johns. R. 417; 1 Denio, 537; 1 Iredell, Law Rep. 482. In what…

1Opinion of the CourtJustice Fisher

The writ in this case was directed to the sheriff of Lowndes county, but it was returned executed by J. K. Pierce, J. P., (seal) acting coroner. Upon this return a judgment final by default was taken against the plaintiffs in error, and it is now insisted that the judgment is void for want of proper notice.

It is doubtful in which character the person executing the writ acted; whether as a justice of the peace or as a coroner. Giving to the letters “ J. P.” their usual signification, we must suppose that he acted as a justice of the peace; and this conclusion is greatly strengthened from the…

2Cited by3 opinions

  1. Taylor v. StateMississippi Supreme Court · 1875
  2. Doherty v. KalmbachCourt of Appeals for the D.C. Circuit · 1936
  3. Friar v. McNamaMissouri Court of Appeals · 1897

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