Taggert v. Muse
Taggert v. Muse
Opinion of the Court
delivered the opinion of the court.
In Robinson v. Stadeker, 59 Miss. 3, we left it an open question whether a judgment rendered by a justice of the peace against a married woman was void, if the record and the proceedings were silent as to the facts that the debt was such an one as the defendant had capacity to contract, and that she was the owner of a separate estate. That question we answer in the negative. In a proceeding before a justice there are no written pleadings required, and only by a recital in the judgment could the facts be made to appear. The office of justice of the peace is usually filled by men unlearned in the law, and their courts are frequently held in remote sections
The decree is reversed, demurrer sustained, and bill dismissed.
Reference
- Full Case Name
- Geo. W. Taggert v. James F. Muse
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Married Woman. Judgment against in justice’s court. Presumption of validity. Where a judgment has been rendered by a justice of the peace against a married woman, even though the record and proceedings in his court fail to show those facts which are prerequisite to the rendition of a valid judgment against a married woman, in a collateral proceeding it will be presumed, when such judgment is attacked, that such facts were shown on the trial in the justice’s court. 2. Same. Judgment against. Subsequently acquired property subjected. The separate property acquired by a married woman after the rendition of a valid judgment against her may be subjected to the payment of the judgment.