Hawkins & Co. v. McAlister

Citations

• 86 Miss. 84

Syllabus

<p>Attachment. Judgment by default. Collateral attack. Informality. Process. Service. Claimant.</p> <p>The judgment of á justice of the peace rendered by default is not void because predicated of an attachment writ, directed to “the constable or any lawful officer” of the justice’s county, by the sheriff of which county it was levied upon property and returned, with a showing that the defendant could not be found, and which was then sent to the sheriff of another county, without change in its address, who served the same personally on defendant and made due return; nor can a claimant of property seized thereunder avail of the informality in the process.</p>