Oliver v. Baird

Mississippi Supreme Court

Oliver v. Baird

44 So. 35, 90 Miss. 718

CourtMississippi Supreme Court

DecidedMarch 15, 1907

StatusPublished

Cited by3 cases

This text of 44 So. 35 (Oliver v. Baird) 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

Oliver v. Baird, 44 So. 35, 90 Miss. 718 (Mich. 1907).

Pincite

Opinion

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 [723]*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.

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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 [723]*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.

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Bluebook (online)

44 So. 35, 90 Miss. 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-baird-miss-1907.

Opinion

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