Andrews v. Powell
Mississippi Supreme Court
Error to the Circuit Court of Monroe county. Hon. "W. D. Bradford, judge. That the statute requires that all civil actions shall be commenced in tbe Circuit Court of the county in which the defendants or some one or more of them may be fownd, except where otherwise provided, &c. See Revised Code, page 483, art. 32. This is not one of the excepted cases.
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Error to the Circuit Court of Monroe county. Hon. "W. D. Bradford, judge. That the statute requires that all civil actions shall be commenced in tbe Circuit Court of the county in which the defendants or some one or more of them may be fownd, except where otherwise provided, &c. See Revised Code, page 483, art. 32. This is not one of the excepted cases. The first process in all civil actions, except where otherwise provided, shall be a summons, directed to the sheriff of the eo'imty in which the action is instituted, &c. See Revised Code, page 488, art. 61. The suit was commenced in Monroe…
1Opinion of the Court
Peyton, L,
delivered the opinion of the court.
The defendant in error instituted suit in the Circuit Court of Monroe county against the plaintiffs in error. Process was issued, directed to the sheriff of that county, which was returned, as to both the defendants in the court below, “ not found in my county ; ” whereupon a summons was issued to the sheriff of Chickasaw county, which was returned properly executed as to both defendants. At the term of the court to which the last summons was made returnable, a judgment by default was taken against the defendants below, to reverse which this writ…
2Cited by2 opinions
- Bryant v. LovittMississippi Supreme Court · 1957
- Perry v. Nolan & MarisMississippi Supreme Court · 1930