90 Miss. 718
Decided March 15, 1907
Mississippi Supreme Court · decided 1907-03-15
From the chancery court of Lowndes county. Hon. James F. MoCool, Chancellor. Oliver, appellant, was complainant in the court below; Baird and another, appellees, were defendants there. From a decree dismissing the suit complainant appealed to the supreme court. The object of the suit was to enjoin and annul a judgment obtained against complainant, as a nonresident, in an attachment proceeding in the .circuit court, where judgment had been taken against him by default.
Cited by 4 later decisions — most recently June 1952
4 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1907-03-15
View the full empirical analysis of this case →
¶1delivered the opinion of the court.
¶2The facts in this case show that the judgment entered was a void judgment. This being true, the facts here bring the ease clearly within the rule laid down in the case of Duncári *723v. Gerdine, 59 Miss., 550, and. resort to a court of equity under the circumstances was proper. At the time judgment was rendered in this case the record shows that there was no proof of publication before the court.
¶3For these reasons, the cause is reversed and remanded.