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67 Miss. 409

State v. Ricketts

Mississippi Supreme Court

Decided October 15, 1889

Mississippi Supreme Court · decided 1889-10-15

From the chancery court of Carroll county. Hon. T. B. Graham, Chancellor. The appellees, D. P. Ricketts, Sr., and Marcus Askew, exhibited this bill, seeking to enjoin the sheriff of Carroll county from levying execution issued upon a final judgment against them as sureties upon a bail bond.

Cited by 1 later decisions — most recently May 1927

1 district ·

Relies on Jones v. Coker · Lore v. McRae

Good law ✅— No negative treatment on recordhow we know

Decided 1889-10-15

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Cooper, J.,

¶1delivered the opinion of the court.

¶2The injunction should have been dissolved. The recital in the judgment nisi that Ricketts and his sureties had bound themselves by a recognizance instead of a bail bond was, at most, an irregularity, assignable for error on appeal, and not affecting the validity of the judgment in a collateral attack.

¶3The seire facias was not void because of the fact that the parties were cited to appear at the next term of the circuit court to be held in Grenada, in the county of Grenada, on the-Monday of January, 1888.” The law fixed the date for the beginning of said term, and the appellees were sufficiently notified when to appear. Wharton v. Conger, 9 S. & M. 510; Lore v. McRae, 12 Ala. 444; Yonge v. Broxson, 23 Ib. 684.

¶4But, if the judgment was void, the appellees have a plain, adequate, and complete remedy at law, and no exceptional circumstances are shown warranting the interposition of a court of chancery. Jones v. Coker, 53 Miss. 195; Beatty v. Smith, 2 S. & M. 567; Boone v. Poindexter, 12 Ib. 640.

¶5The decree is reversed and injunction dissolved.

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