The judgment of a justice of the peace (justice) determines the respective rights between parties in controversial matters upon the merits.  Unreversed and unimpeached justice’s judgments are conclusive between the parties and their privies.  Such conclusive judgment will act as res judicata and will bar further litigation between the same parties on identical issues.  However, res judicata will be applied only to those questions in which a justice had jurisdiction to determine.

A justice’s judgment shall:

• have reasonable certainty and conclusiveness;
• conform to the pleadings and proof; and
• not be awarded for an amount higher than that specified in the justice’s summons or other process[i].

Any irregularity in the justice’s judgment form will not invalidate a judgment[ii].  But a declared judgment that fails to name the affected parties will be treated as void for uncertainty[iii].  However, any apparent irregularity about title will not invalidate a justice’s judgment.

Absolute accuracy in spelling names is not required in a justice’s judgment in either civil or criminal, if the name as spelled, though different from the correct spelling thereof, conveys the correct name when pronounced according to commonly accepted methods.  Such name will give a sufficient designation of the parties referred to, and no advantage can be taken of such clerical error[iv].  Thus, technical accuracy in the justice’s judgment is not required, for reason that they are not generally skilled in legal matters[v].

A justice’s judgments are enforced by execution writs.  A judgment holder can file execution writs in designated courts or with specified offices.  A justice’s judgment upon execution will act as a lien on a judgment debtor’s real estate[vi].

Generally, a court does not have jurisdiction to order a sale on an execution issued by another court.  Some courts have observed regarding a justice’s judgment that a justice  can order a sale on an execution issued by another justice.  However a justice is prohibited from purchasing in an execution conducted on their own judgment.  Thus an execution must be conducted by a court that delivers judgment, and it should be in that court that all motions to quash or vacate a judgment must be made[vii].

When any judgment is declared void on jurisdictional grounds, then execution of such judgment will be quashed[viii].

[i] Jayson v. Gardocki, 221 Ga. App. 455 (Ga. Ct. App. 1996).

[ii] Thomas v. West, 59 Wis. 103 (Wis. 1883).

[iii] Ferrell v. Simmons, 63 W. Va. 45 (W. Va. 1907).

[iv] Commonwealth v. Hessman, 1956 Pa. Dist. & Cnty. Dec. LEXIS 414 (Pa. C.P. 1956).

[v] Rhodes v. King, 52 Ala. 272 (Ala. 1875).

[vi] Huling, Brockerhoff & Co. v. Cabell, 9 W. Va. 522 (W. Va. 1876).

[vii] Burns v. Delta Loans, Inc., 354 So. 2d 268 (Miss. 1978).

[viii] Road Material & Equipment Co. v. McGowan, 229 Miss. 611 (Miss. 1956).