Legal Opinion

Nimocks v. McGehee

Mississippi Supreme Court

Decided March 15, 1910PublishedCited by 5 opinions

From the circuit court of Pearl River county. ■Hon. William H. Cook, Judge., Nimocks, appellant, was plaintiff in the court below; McGehee, a constable, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court.

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From the circuit court of Pearl River county. ■Hon. William H. Cook, Judge., Nimocks, appellant, was plaintiff in the court below; McGehee, a constable, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. The facts as stated by Anderson, J., were as follows: “Rouse Bros. & Smith, a mercantile corporation under the laws of this state, recovered judgment by default in a justice of the peace court against the appellant, Nimocks. S. O. Smith was the justice of the peace before whom the judgment was recovered. He is a first cousin of H. S.…

1Opinion of the Court

Anderson, J.,

after stating the facts as above, delivered the •opinion of the court.

Where a judgment on which execution is issued is void, the-defendant in execution may maintain replevin, for tire goods-seized thereunder. The judgment being void, the levy of the-execution thereunder is void, and the defendant may treat the-whole as a nullity, and pursue replevin for his property seized *325under such judgment and execution. Breckenridge v. Johnson, 57 Miss. 371; 34 Cyc. 1369.

'Section 165 of the Constitution of 1890 provides: “No judge of any court shall preside on the trial of any cause where the…

2Cases cited1 opinion

  1. Breckenridge v. JohnsonMississippi Supreme Court · 1879

3Cited by5 opinions

  1. Hathcock v. Southern Farm Bureau Cas. Ins. Co.Mississippi Supreme Court · 2005
  2. Bryant v. StateMississippi Supreme Court · 1927
  3. Hitt v. StateMississippi Supreme Court · 1928
  4. Dixon v. RowlandMississippi Supreme Court · 1926
  5. Mark Hathcock v. Southern Farm Bureau Casualty Insurance CompanyMississippi Supreme Court · 2003

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