Catlett v. Drummond

Citations

• 113 Miss. 450
• 74 So. 323

Syllabus

<p>1. Justices of the Peace. Default judgment. Validity.</p> <p>In an action in a justice of the peace court on an open account, where the defendant who was a freeholder in another district failed to appear' pursuant to a summons and a default judgment was rendered against him, such judgment was valid, since the privilege conferred by Code 1906, section 2724, fixing the venue of actions before a justice of the peace against a freeholder or householder in the district of such freeholder or householder’s residence is merely a personal privilege which may be waived by failure to claim it in the proper manner and at the proper time by objecting at the trial to the cause being proceeded with and proving the existence of the facts upon which such a claim must rest.</p> <p>2. Justices of the Peace. Restraining enforcement of judgment. Procedure.</p> <p>In a proceeding to enjoin the enforcement of a judgment rendered by a justice of the peace, complainant must charge and prove that he had a meritorious defense to the claim sued on in the justice of the peace court before he can obtain relief in equity even though the judgment rendered by the justice of the peace against him was void.</p>