Buntyn v. National Mutual Building & Loan Ass'n
Mississippi Supreme Court
Leom: the chancery court of Lauderdale county. Hon. Stone Deavoues, Chancellor. Buntyn and others, the appellants, were complainants, and the building and loan association, the appellee, was defendant in the court below. From a decree in defendant’s favor the complainants appealed to the supreme court.
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Leom: the chancery court of Lauderdale county. Hon. Stone Deavoues, Chancellor. Buntyn and others, the appellants, were complainants, and the building and loan association, the appellee, was defendant in the court below. From a decree in defendant’s favor the complainants appealed to the supreme court. Appellants filed their bill against appellee, in which they sought the cancellation of a mortgage on real estate given to secure a loan of $700 borrowed by them from appellee, on the ground that the contract was fraudulent and usurious, alleging that they had paid the sum of. $367.30 in excess…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
Just as we Held in former cases of this appellee that agency-must be determined not by a paper recital, but by tbe actual facts, so Rere we bold that whether the appellee had local branches, so as, with respect to the service of process, to subject it to such service under the operation of Acts 1896, p. 71, ch. 57, must be determined not by averments in the answer, but by the proofs in the case. . The status of this appellee as to service of process upon it under said Acts 1896 means the real status as established by the proof, and not a…
2Cited by9 opinions
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- Beck v. TuckerMississippi Supreme Court · 1927
- City of Hattiesburg v. Cobb Bros. Const. Co.Mississippi Supreme Court · 1935
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