State v. Ricketts
State v. Ricketts
Opinion of the Court
delivered the opinion of the court.
The 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.
The 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.
But, 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.
The decree is reversed and injunction dissolved.
Reference
- Full Case Name
- State of Mississippi v. D. P. Ricketts
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Bail Bond. Judgment. Recital. Collateral attack. On a collateral attack a judgment upon a forfeited hail bond will not he held invalid, because the judgment nisi erroneously recites that the obligation was on a recognizance. Such error, if material, can only be availed of on appeal. 2. Same. Scire facias. Omission to fix date of retain. A scire facias on a forfeited bail bond, which cites the parties thereto to appear at the “next term of the circuit court of Grenada county on the -Monday of January, 1888,” is not void for failure to fix the date for the beginning of the term, as this is fixed by law. The parties are sufficiently notified. 3. Chancery Court. Jurisdiction. Void judgment. Injunction. In the absence of exceptional circumstances warranting the interposition of the chancery court, it will not enjoin a judgment at law void for want of process on the defendant, the remedy at law being complete. Johnson v. Coker, 53 Miss. 195.