Helmer Bros. v. Hastings

2 Citing cases

  1. Beck v. Kersh

    45 So. 2d 730 (Miss. 1950)   Cited 2 times

    The action of the circuit court in overruling that motion is assigned as error. (Hn 1) The judgment entered by the justice of the peace shows that both parties appeared, both offered evidence, and both argued the case before entry of judgment. In Helmer Bros. v. Hastings, 142 Miss. 403, 107 So. 551, it was held that where a party appeared in the justice court and defended on the merits he could not on appeal to the circuit court challenge the jurisdiction of the justice of the peace over his person because of any defect in the summons. We therefore find no merit in the first assignment.

  2. Woodruff et al. v. Lillis

    164 So. 225 (Miss. 1935)

    We leave out of view the contention that the judgment against all of the other sureties would be void because the judgment against E.L. Woodruff, entered in accordance with sections 64 and 67, Code of 1930, is void. See Helmer Bros. v. Hastings, 142 Miss. 403, 107 So. 551; Leathers v. Fred O. Howe Co., 108 Miss. 1, 66 So. 280. We are of opinion that there was no valid judgment, and therefore no valid writ of garnishment in this case, as to E.L. Woodruff, for the reason that this record shows that the firm of S.D. Tyson Co. was a mercantile partnership not engaged in the business of making surety bonds and Chamberlain, the managing partner, was without authority to bind Woodruff, his partner, unless authorized so to do by the scope of the partnership or by Woodruff.