Globe Rutgers Fire Insurance v. Sayle
Mississippi Supreme Court
Appeal from the circuit court of Tallahatchie county. Hon. N. A. Taylor, Judge. Suit by John Sayle against the Globe Rutgers Fire Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. First, there was no service on appellant in court below. The summons issued by the. deputy circuit clerk is bad, if not void, for the want of the seal of the court.
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Appeal from the circuit court of Tallahatchie county. Hon. N. A. Taylor, Judge. Suit by John Sayle against the Globe Rutgers Fire Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. First, there was no service on appellant in court below. The summons issued by the. deputy circuit clerk is bad, if not void, for the want of the seal of the court. John Pharis v. Uriah Conner, 3 S. & M. 87. No service was had on this irregular or void summons on the appellant in the court below, and, therefore, the judgment entered is…
1Opinion of the CourtCook, J.
Appellee filed suit against appellant upon an insurance policy issued by it, covering an automobile, averring that the automobile had been damaged by fire, and asking judgment against appellant for the amount of the damages. The defendant failing to appear and plead to the declaration a judgment by default was rendered, *179and a jury of inquiry impaneled to assess the damages. Upon the verdict of the jury therefore a judgment for five-hundred twenty-two dollars and fifty cents was entered. From that judgment this appeal is prosecuted.
When the declaration was filed a summons was issued, which,…
2Cases cited1 opinion
- Watkins Machine & Foundry Co. v. Cincinnati Rubber Manufacturing Co.Mississippi Supreme Court · 1910
3Cited by12 opinions
- Masonite Corp. v. BurnhamMississippi Supreme Court · 1933
- First Jackson Securities Corp. v. B. F. Goodrich Co.Mississippi Supreme Court · 1965
- McIntosh v. Munson Road MacHinery Co.Mississippi Supreme Court · 1933
- Dansby v. North Carolina Mutual Life InsuranceSupreme Court of North Carolina · 1936
- National Surety Co. v. Board of Supr'sMississippi Supreme Court · 1919
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