Collins v. Camp

1. Where a married man, having a permanent abode in this State, determined to change his residence and establish it in a distant State, and, with the avowed intention of doing so, took his departure, hut left his wife (who was all of his family) here, where she remained until after process in a suit brought against him was served by leaving a copy with her at the same abode he occupied with her when he left, which abode she continued to occupy, such service was effectual; there being no evidence that lie had acquired a residence elsewhere or even that he ever reached the State to which he intended to remove, and no-evidence that he intended to abandon his wife. The service was made within the same calendar month iu which the defendant in the process left this State, and his wife did not leave until more than a month after the service was effected. 2. An execution regularly issued by a justice of the peace, and purporting to be founded upon a judgment rendered in a justice’s court, is prima facie valid, and no invalidity of it is established by the production of the justice’s docket in which the entry of judgment shows the names and order of the parties, the issuing and service of summons, the fact that the suit was founded upon a note, and an entry of judgment thus: “Judgment in favor of ............against............for principal $57.45. Interest 8% from date of note............ Interest after judgment at 8% per annum ............ Attorney’s fees 10% on principal and interest........... Cost........... This 17th day of August, 1886. G. C. Thompson, J. P. Execution issued 23d of August, 1886,” the execution conforming in all material respects, including its date, to the docket. Any ambiguity of the docket as to the party in whose favor, or the party against whom, the judgment was rendered, is sufficiently solved by the execution itself. Judgment reversed.

Petition for direction. Before Judge Harris. Campbell superior court. August term, 1893.