Fleming v. Nunn & Anderson
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. F. A. Ceitz, Chancellor. The facts are stated in the opinion. 1. It is stated in 3 Wait’s Actions and Defenses, page 733, that even if the court had general jurisdiction, if the judgment be rendered by accident or mistake or through fraud, or any fact exists which proves it to be against conscience to execute the judgment, of which the injured party could not have availed himself in a court of law, or which he .might…
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Appeal from the Chancery Court of Noxubee County. Hon. F. A. Ceitz, Chancellor. The facts are stated in the opinion. 1. It is stated in 3 Wait’s Actions and Defenses, page 733, that even if the court had general jurisdiction, if the judgment be rendered by accident or mistake or through fraud, or any fact exists which proves it to be against conscience to execute the judgment, of which the injured party could not have availed himself in a court of law, or which he .might have availed himself at law, but was prevented by fraud, accident, or mistake, unmixed with any fault or negligence of…
1Opinion of the CourtChalmers, J.
We must consider the finding of the Chancellor as satisfactorily establishing these facts. A single summons was issued from a justice’s court to Easter Fleming and her son, Emmett Fleming, on a joint debt. The constable made this return: “Executed this 11th dhy of December, 1882, by leaving a copy at their house of *606abode.” The copy was, in fact, handed to Mrs. Fleming. She attended the court on the day appointed. The justice being absent, the case was not tried. She did not attend the next regular term, at which, without further service, judgment by default was rendered against both…
2Cited by1 opinion
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