Mississippi Supreme Court, 1910

Wilburn v. Cologero

Wilburn v. Cologero
Mississippi Supreme Court · Decided March 15, 1910 · Whitfield
97 Miss. 511; 52 So. 794

Wilburn v. Cologero

Opinion of the Court

Whitfield, C.

The judgment by default was erroneously rendered without the ascertainment by a writ of inquiry of the value of the mule. The officer’s valuation was prima facie evidence of the value of the property, and his estimate was forty-five dollars, and yet the judgment by default is for seventy-five dollars. See section 4221 of the Code of 1906.

Per Curiam.

The above opinion is adopted as the opinion of the court; and for the reasons therein stated, the judgment is reversed, and the cause remanded.

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