Cotton v. Harlan

Citations

• 124 Miss. 691
• 87 So. 152

Syllabus

<p>1. Justices op the Peace. Court is one of record.</p> <p>The court of a justice of the peace is a court of record andi of general juricdiction.</p> <p>2. Judgment. On collateral attack on default judgment based on constructive service, jxtrisdictional facts presumed.</p> <p>Where a judgment of a court of general jurisdiction is attacked collaterally, unless the contrary affirmatively appears from the record, all jurisdictional facts are conclusively presumed to have existed, whether there are recitals in the record to show them or not; and this rule applies, although the judgment attacked was rendered by default, on constructive service of process alleged to be defective.</p> <p>3. Justices op the Peace. Attack in trover on judgment, under which sale was made held a collateral attack.</p> <p>A claim in an action of trover that a judgment of a justice of the peace rendered by default, at a sale under which the property alleged to have been converted was purchased, is void because of defects in the service of process on the defendant therein, is a collateral and not a direct attack on the judgment.</p>