Kaufman & Sons v. Foster

42 So. 667 | Miss. | 1906

Calhoon, J.,

delivered the opinion of the court.

No objections to the testimony having been made below, we cannot consider them here. The defense to the suit on the judgment by default that process was never served and the original proceeding never heard of until notice of the present suit, is not a collateral attack upon it, certainly as between the same parties.

Affirmed.