Oliver v. Baird

Mississippi Supreme Court March 15, 1907

Oliver v. Baird, 90 Miss. 718 (Miss. 1907)

44 So. 35

Mayes

Opinion of the Court

Mayes, J.,

delivered the opinion of the court.

The 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.

For these reasons, the cause is reversed and remanded.

Reference

Full Case Name: Tyre S. Oliver v. Hiram C. Baird
Cited By: 3 cases
Status: Published
Syllabus: Judgments. Default. Injunction. Case. An equity suit to enjoin a judgment, rendered by default against complainant as a nonresident defendant in an attachment at law, is maintainable where (a) defendant was without notice of the suit until after the judgment became final, (6) his postoflice address was well known to the plaintiff in attachment, (c) and he would have received the notice had it been mailed him; and where (d) proof of publication was not on file when the judgment was rendered, (e) no entry in the records showed that a notice had been mailed to defendant and (/) the clerk was unable to testify that it was mailed.