Birdsong v. Dodds

Decided March 19, 1883

Mississippi Supreme Court · decided 1883-03-19

Ad execution was issued by a justice of tbe peace on a judgment in favor of appellant against appellee. The execution was for $84.30, and it recites that tbe judgment was rendered January 13, 1875. It was issued January 20, 1881, and was made returnable February 1, 1881. ■ Tbe sheriff levied it on some land and made bis return.

Cited by 1 later decisions — most recently October 1918

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed, · Decided 1883-03-19

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¶1Opinion.

Per curiam:

¶2It is conceded, as we understand counsel, that the judgment is to be affirmed, and one ground of the motion to quash the execution, which was conceded to be sufficient to sustain the motion, is not before us, but we are asked to express our opinion on the first ground of the motion, and, doing so, declare that we are satisfied the judgment was rendered and recorded for $84.30, and at a date subsequent to the next April afterwards, was erased, and a judgment for a greater sum was interlined; and that this did not affect the judgment rendered and entered 13th January, and duly enrolled, and that it was sufficient to support the execution, and it should not have been quashed on this ground.

¶3Judgment affirmed.