Hilliard v. Chew
Hilliard v. Chew
Opinion of the Court
delivered the opinion of the court.
On the twelfth of August, 1895, at Clarksdale, in the fourth district for the election of justices of the peace of Coahoma county, before a justice of the peace thereof, a judgment was rendered in an action of assumpsit in favor of H. E. Hilliard against George Chew for §195.63. The judgment was rendered by default upon personal service. George Chew, at
Execution, issued upon the judgment, was levied upon seven1 bales of cotton as thé property of Chew, when he filed his bill herein and obtained a perpetual injunction against the enforcement of the judgment.
As the justice of the peace of district number four did not acquire jurisdiction of the cause of action between the parties, the judgment against Chew was void, and the decree giving him a perpetual injunction against it is approved.-
Affirmed.
Reference
- Full Case Name
- Hiram E. Hilliard v. George Chew
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Justices of the Peace. Territorial jurisdiction. Code 1892, §2395. A justice of the peace is without jurisdiction of a suit on a debt contracted in another justice’s district of the county by a sole defendant who there resides and is a householder or freeholder of the county, there being in such other district a magistrate qualified to hear and determine the cause. 2. Same. Judgments. Injunction. The execution of a judgment rendered by a j ustice of the peace in a suit of which he had no jurisdiction may be enjoined in equity.