Green v. Taylor

Mississippi Supreme Court March 15, 1916

Green v. Taylor, 111 Miss. 232 (Miss. 1916)

71 So. 375

Sykes

Opinion of the Court

Sykes, J.,

delivered the opinion of the court.

The court below erred in not rendering judgment in favor of plaintiffs upon their motion for same. The de*234fense interposed in the court below was but a collateral attack upon tbe judgment upon which, the execution was-issued. That this cannot be done' has been repeatedly-held by this court. See Vicksburg Grocery Co. v. Brennan, 20 So. 845, and authorities therein cited.

Reversed, and judgment here for appellant for amount sued for.

Reversed, and judgment here.

Reference

Full Case Name: Green v. Taylor, Sheriff
Cited By: 2 cases
Status: Published
Syllabus: Judgment. Sheriff and constables. Conclusiveness. Collateral attach. Liability on bond. Under Code 1906, section 4670, providing for judgment against the-sheriff and his bondsmen, for failure to return an execution in due -time, for the amount of the execution and • all cost, neither the sheriff nor his bondsmen can avoid liability on the ground that the judgment on which the execution issued was invalid, since such a defence is but a collateral attack upon the judgment upon which the execution issued which is not .permissible.