Mississippi Supreme Court, 1907

Oliver v. Baird

Mississippi Supreme Court · Decided March 15, 1907 · Mayes

90 Miss. 718; 44 So. 35

Cases that cite this one

2 later published cases cite this decision.

Jones v. New Orleans & N. E. R. (Miss. 1952)
Austin-Western Road Machinery Co. v. Webster County (Miss. 1934)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.