Betts v. Baxter

Decided October 15, 1880

Mississippi Supreme Court · decided 1880-10-15

Hon. J. A. Green, Judge. E. G. Betts made a motion in a justice’s court against S. C. Baxter, constable, and the sureties on his official bond, for his failure to return an execution on the return-day thereof.

Cited by 2 later decisions — most recently March 1905

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-10-15

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George, J.,

¶1delivered the opinion of the court.

¶2' The judgment before the justice of the peace, upon which the execution issued, was excluded on the trial of the motion against the constable for a failure to return the execution. This was error., The judgment was at most erroneous, and not void. The failure to date the return made by the sheriff did not make it void. It was but an imperfect return of service, and it is well settled that in such case the judgment is not void.

¶3Judgment reversed and cause remanded.