Joslin v. Coffin
Mississippi Supreme Court
APPEAL from Chancery. The complainant, who is the appellee in this court, filed his bill in the circuit court of Holmes county, in which he alledges that the appellant had recovered a judgment against him in that court for the sum of three hundred and fifty-six dollars and seventy-five cents.
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APPEAL from Chancery. The complainant, who is the appellee in this court, filed his bill in the circuit court of Holmes county, in which he alledges that the appellant had recovered a judgment against him in that court for the sum of three hundred and fifty-six dollars and seventy-five cents. Judgment was obtained at a special term in January, 1838. The suit was commenced and stood for trial at the regular term, in October preceding, but was not then tried in consequence of the death of the clerk, which caused a failure of that term. The bill alledges, that the judgment is unjust and…
1Opinion of the CourtJustice Trottee
It is believed to be a universal principle that no man ought to be bound by a judgment where he has had no notice of the proceedings, or any opportunity to defend himself. To hold otherwise, would be contrary, as we conceive, to every maxim of justice. Express notice is not necessary in all cases, and the law sometimes suffers constructive notice to be quite as effectual. Thus, under the statute law of this state, which makes the service of .a capias ad resp. good, if left at the residence of the defendant in his absence, permits that to bind as good constructive notice. And yet in a case…
2Cases cited1 opinion
- Baltzell v. Hall's heirsCourt of Appeals of Kentucky · 1822