Burns v. Loeb
Mississippi Supreme Court
Appeal from the Circuit Court of Tippah County. Hon. J. W. C. Watson, Judge. Under the statute allowing the defendant to plead on or before the third day of the return term (Code 1871, § 681), this judgment is premature, and must be reversed. Davis v. Patty, 42 Miss. 509. The error is a matter of record, which could not be waived by failing to object during the term, and which is subject to review, without exception, by the appellate court.
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Appeal from the Circuit Court of Tippah County. Hon. J. W. C. Watson, Judge. Under the statute allowing the defendant to plead on or before the third day of the return term (Code 1871, § 681), this judgment is premature, and must be reversed. Davis v. Patty, 42 Miss. 509. The error is a matter of record, which could not be waived by failing to object during the term, and which is subject to review, without exception, by the appellate court. Before the fourth day of the return term the court had no power to give judgment by default. The principle which controlled in the decision of Betts v.…
1Opinion of the CourtCooper, J.
The appellees sued out an attachment against the estate of the appellant, returnable to the September term of the Circuit Court of Tippah County, and the same was levied upon certain personal property of the defendant therein, and was also personally served on him. On the second day of the term, the defendant interposed a claim to a part of the property levied on, as exempt to him from levy under attachment or execution, and on that day his claim thereto was tried and determined in his favor. On the same day, but after the trial as to the exempt property, a judgment by default was rendered,…
2Cases cited2 opinions
- Doan v. HollySupreme Court of Missouri · 1858
- Burt v. ScrantomCalifornia Supreme Court · 1851