Crane Bros. & Co. v. Richardson
Crane Bros. & Co. v. Richardson
Opinion of the Court
delivered the opinion of the court.
From the agreed statement of facts in the record, it appears that judgment by default was rendered in the circuit court of Yazoo county, on September 16, 1891, for the sum of $2,000, in favor of James S. Richardson, the appellee herein, and against one S. T. Ricks, and that this judgment was enrolled on September 17, the day next after its rendition. It further appears that a motion was made at the same term of said court to vacate and' set aside this judgment, but the same was continued to the next ensuing February term of that court. At the February term the motion to set aside the judgment was overruled, but the judgment, to quote the exact language of the agreed statement of facts, ‘ ‘ was allowed to stand for $1,000.” .
The question that lies before all others is, was the judgment rendered September 16, 1891, for $2,000, a final judgment, which might be properly enrolled, and which gave priority of
The judgment of September 16, for $2,000, was not final, and was not enrollable. The judgment of the court in February, 1892, for $1,000, was the final judgment in the cause, and was enrollable.
It follows that the judgment liens of Crane Bros. & Co., secured on November 18, 1891, are superior to that of the appellee. See 12 Am. & Eng. Ene. L., 63, par. 3; Freeman on Judgments, §§ 16-34; Kinney v. Railroad Co., 73 Ala., 536; Tinly v. Martin, 80 Ky., 463; Windett v. Hamilton, 52 Ill., 180; N. Y. Railroad Co. v. Doane, 105 Ind., 92.
Reversed cmd remanded.
Reference
- Full Case Name
- Crane Bros. & Co. v. James S. Richardson
- Status
- Published
- Syllabus
- Judgments. Motion to set aside. When final. Subsequent judgment. Priority of Mens. Where a motion to set aside a judgment for a certain sum is continued from the term at which the judgment is rendered, and, at a subsequent term, is oven-uled, but the judgment is allowed to stand for a less sum, there is, during the interval, no final judgment from which an appeal lies, or that can properly be enrolled, and, although in fact enrolled on the day after its rendition, the lien thereof is subordinate to that of a subsequent judgment recovered and enrolled during such interval.