State v. Ricketts

Citations

• 67 Miss. 409

Syllabus

<p>1. Bail Bond. Judgment. Recital. Collateral attack.</p> <p>On a collateral attack a judgment upon a forfeited hail bond will not he held invalid, because the judgment nisi erroneously recites that the obligation was on a recognizance. Such error, if material, can only be availed of on appeal.</p> <p>2. Same. Scire facias. Omission to fix date of retain.</p> <p>A scire facias on a forfeited bail bond, which cites the parties thereto to appear at the “next term of the circuit court of Grenada county on the -Monday of January, 1888,” is not void for failure to fix the date for the beginning of the term, as this is fixed by law. The parties are sufficiently notified.</p> <p>3. Chancery Court. Jurisdiction. Void judgment. Injunction.</p> <p>In the absence of exceptional circumstances warranting the interposition of the chancery court, it will not enjoin a judgment at law void for want of process on the defendant, the remedy at law being complete. Johnson v. Coker, 53 Miss. 195.</p>