Allen v. Dicken
Mississippi Supreme Court
Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. At the October term, 1882, of the Circuit Court of Attala County, E. Dicken obtained judgment by default against W. B. Roberts. The suit was instituted at the March term, 1882. The return on the summons was as follows : “ Executed this process by leaving a true copy of same with the wife of the defendant, a member of his family over the age of sixteen years, and willing to receive same.”
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Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. At the October term, 1882, of the Circuit Court of Attala County, E. Dicken obtained judgment by default against W. B. Roberts. The suit was instituted at the March term, 1882. The return on the summons was as follows : “ Executed this process by leaving a true copy of same with the wife of the defendant, a member of his family over the age of sixteen years, and willing to receive same.” On the 28th of November, 1884, an alias execution was issued on this judgment and duly levied on a certain steam engine and other…
1Opinion of the CourtCampbell, J.
That the deed of trust is void for uncertainty in the description of the property is settled by several adjudications of this court.
However logical it may be to argue that service of process not made as directed by law is not sufficient to authorize a judgment against the party thus served, and that a judgment on such illegal service of process is a nullity, it is many years too late to urge the argument, because it has been so often held in this State and else*94where that a judgment in such case is not void, but only voidable on appeal, and that this is the only mode-of assailment, that it…
2Cited by9 opinions
- Cotton v. HarlanMississippi Supreme Court · 1920
- Kelly v. HarrisonMississippi Supreme Court · 1892
- Honeywell v. AaronMississippi Supreme Court · 1956
- Garmon v. FitzgeraldMississippi Supreme Court · 1934
- In re CaverDistrict Court, S.D. Mississippi · 1930
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