Nimocks v. McGehee

Citations

• 97 Miss. 321
• 52 So. 626

Syllabus

<p>1. Reelevin. Goods levied upon under execution. Yoid judgment. Defendant’s remedy.</p> <p>Where an execution and the judgment upon which it issued are void, the defendant may maintain replevin for his goods seized thereunder.</p> <p>2. Justices of the Peace. Disqualification. Constitution 1890, sec. 165. Corporation. Y7aiver.</p> <p>Under Constitution 1890, sec. 165, prohibiting a judge from presiding where either of the parties is connected with him by affinity or consanguinity, except by consent:—</p> <p>(а) A justice of the peace is disqualified from hearing a cause to which a corporation is a party, of which his first cousin is president, a director and stockholder; but</p> <p>(б) The disqualification may be waived, and is impliedly waived by a failure to object at the trial, although the other party did not at the time know of the disqualification.</p>