Blalack v. Stevens

Mississippi Supreme Court

Blalack v. Stevens

81 Miss. 711

CourtMississippi Supreme Court

DecidedOctober 15, 1902

StatusPublished

Cited by3 cases

This text of 81 Miss. 711 (Blalack v. Stevens) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blalack v. Stevens, 81 Miss. 711 (Mich. 1902).

Pincite

Opinion

Calhoon, J.,

delivered the opinion of the court.

Appellee, Stevens, the plaintiff in execution, on the trial of •the claimant’s issue was under the necessity to offer in evidence his judgment against Fairley, and did not do so. This fatal omission is not supplied by the fact that he did offer the execution and the judgment roll. A writ of execution requires the support of a valid judgment. It is the judgment when enrolled, and not the judgment roll, which is made a lien. Code, §§ 757, 759, 760, 791, 2413, 3473, 3481, 4429. We decide nothing else in the case.

Reversed and r&mcmded.

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Calhoon, J.,

delivered the opinion of the court.

Appellee, Stevens, the plaintiff in execution, on the trial of •the claimant’s issue was under the necessity to offer in evidence his judgment against Fairley, and did not do so. This fatal omission is not supplied by the fact that he did offer the execution and the judgment roll. A writ of execution requires the support of a valid judgment. It is the judgment when enrolled, and not the judgment roll, which is made a lien. Code, §§ 757, 759, 760, 791, 2413, 3473, 3481, 4429. We decide nothing else in the case.

Reversed and r&mcmded.

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Bluebook (online)

81 Miss. 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blalack-v-stevens-miss-1902.

Opinion

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