Nelson v. Nye
Mississippi Supreme Court
Error to the circuit court of Holmes county. Campbell, J. The Revised Code, page 489, art. 64, says, “ original process shall be served personally on the defendant, if to be found, and a true copy thereof delivered to him.” Therefore, according to the Code as above, if the defendant is found, two things are requisite to a valid service; first, a personal service, and second, a true copy of the process must be delivered to him — both are indispensable.
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Error to the circuit court of Holmes county. Campbell, J. The Revised Code, page 489, art. 64, says, “ original process shall be served personally on the defendant, if to be found, and a true copy thereof delivered to him.” Therefore, according to the Code as above, if the defendant is found, two things are requisite to a valid service; first, a personal service, and second, a true copy of the process must be delivered to him — both are indispensable. This court has decided that a sheriff must, in his return upon a process, state facts, and not deductions. The sheriff must state what he did…
1Opinion of the Court
Simrall, J.:
This was an action of assiimpsit brought by N. G. Nye, in. the circuit court of Yazoo county, against T. L. Nelson, to recover the amount due on a promissory note.
The plaintiff below, N. G. Nye, derived title to the note by the endorsement and delivery of the same to him by J. 0. Howe, the payee. Judgment by default final was rendered on the 14th May, 1866, against Nelson for the amount of nóte and interest. The case is brought into this court by writ of error. Two errors are assigned:
1st. Because the return on the process is irregular.
2d. Because there is no evidence that S. 0.…
2Cases cited2 opinions
- Merritt v. WhiteMississippi Supreme Court · 1859
- Foster v. SimmonsMississippi Supreme Court · 1866
3Cited by6 opinions
- Pointer v. HuffmanMississippi Supreme Court · 1987
- Amerson v. StateMississippi Supreme Court · 1994
- Stevenson v. StateMississippi Supreme Court · 1998
- Dogan, Sheriff v. CooleyMississippi Supreme Court · 1939
- Arthur L. Stevenson v. State of MississippiMississippi Supreme Court · 1997
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