| Miss. | Oct 15, 1882
delivered the ópinioñ of the court.
The judgment rendered by the justice of the peace on the twenty-eighth day of May, 1881, for the sum of $93 was not void. The process was shown to have been personally served on the defendant M. E. Stricklin, and W. L. Stricklin appeared and contested plaintiff’s demand. The judgment for $150.75, rendered on the twenty-fifth day of June, 1881, was void. It was a judgment by default at the return term, on service of process which is not shown to have been personal. The return was “ executed,” and while this return imports a legal service of the writ in some one of the ways provided by statute, it does not indicate whether it was personal or constructive, and it is only when it “ shall appear that the process has been served personally on the" defendant,” that a judgment by default may be entered at the return term. Code of 1880, sect. 1703. A judgment rendered in violation of the express prohibition of the statute is void. Betts v. Baxter, 58 Miss. 329" court="Miss." date_filed="1880-10-15" href="https://app.midpage.ai/document/betts-v-baxter-7985508?utm_source=webapp" opinion_id="7985508">58 Miss. 329. The chancellor erred in granting the relief prayed by complainant, and in sustaining the demurrer to the defendants’ cross-bill. The valid judgment for $93 was duly enrolled before the conveyances from the judgment-debtors to E. E. Brown and from E. E. Brown to complainant were filed for x-ecord. If these conveyances were bona fide,
The decree on final hearing and the decree sustaining the demurrer to the cross-bill are reversed. The demurrer is overruled and the complainant allowed thirty days after the mandate shall have been filed in the court below to answer the cross-bill.