Hammond-Gregg Co. v. Bradley

Citations

• 119 Miss. 72
• 80 So. 489

Syllabus

<p>1. Execution. Bill to enjoin. Demurrer.,</p> <p>Where a hill to enjoin the levy of an execution under a judgment alleges that no such judgment as the one in question was in fact rendered, such allegation is a sufficient answer to the claim on demurrer that the judgment is valid between the parties, whether entered on the minutes of the court rendering it or not.</p> <p>2. Judgment. Entry t>y clerk after term.</p> <p>A judgment entered by the clerk thirty days after the adjournment of the court is void, since section 1007 of the Code of 1906 (Hemingway’s Code, section 727), expressly provides that the minutes of the court shall be drawn up, read, and signed before the adjournment of the court.</p> <p>3. Evidence. Contradicting minutes of court. Parol evidence.</p> <p>While the minutes of a court import absolute verity, and cannot be contradicted by parol, yet parol evidence is admissible not to contradict the true minutes of the court, but to show that the minutes, as they now appear, are not the true minutes actually drawn up.</p> <p>3. Same.</p> <p>While a record is conclusive evidence, yet what is or not, a record, is a matter of evidence, and may be proved, like other facts.</p> <p>6. Judgment. Striking judgment from the minutes.</p> <p>Where the chancery court enjoins the enforcement of a void judgment in the circuit court, it cannot order such judgment to be expunged or striken from the minutes of the circuit court, that being a matter to be dealt with in that court alone.</p>