Allen v. Dicken

Decided October 15, 1885

Mississippi Supreme Court · decided 1885-10-15

Hon. C. H. Campbell, Judge. At the October term, 1882, of the Circuit Court of Attala County, E. Dicken obtained judgment by default against W. B. Roberts. The suit was instituted at the March term, 1882.

Good law ✅— No negative treatment on recordhow we know

Decided 1885-10-15

How this case has been cited

Cited by 8 later decisions — most recently May 1956

1 federal appellate · 1 district · 5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Campbell, J.,

¶1delivered the opinion of the court.

¶2That the deed of trust is void for uncertainty in the description of the property is settled by several adjudications of this court.

¶3However logical it may be to argue that service of process not made as directed by law is not sufficient to authorize a judgment against the party thus served, and that a judgment on such illegal service of process is a nullity, it is many years too late to urge the argument, because it has been so often held in this State and else*94where that a judgment in such case is not void, but only voidable on appeal, and that this is the only mode-of assailment, that it would be revolutionary to disturb the established doctrine.

¶4Affirmed.