Robertson v. Johnson
Mississippi Supreme Court
Appeal from the Chancery Court of Holmes county. Hon. E. G-. Henry, judge. 1. That a return of “ executed ” was not sufficient on a summons in chancery. The execution of original process is the same in the Chancery as in the Circuit Court.
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Appeal from the Chancery Court of Holmes county. Hon. E. G-. Henry, judge. 1. That a return of “ executed ” was not sufficient on a summons in chancery. The execution of original process is the same in the Chancery as in the Circuit Court. Rev. Code, page 544, article 27, page 489, article 64. It has been settled by this court, that the sheriff must show how he has served the process. 37 Miss. 438; 38 Miss. 544. 2. That the decree should have directed a sale of only portion of the land. When a number of lots of land are subject to á lien, and tbe lien is about to be enforced by a sale of tlie…
1Opinion of the CourtEllett, J.
No motion is made for the dismissal of this case; but on the argument in this comt, the appellee objects to a reversal on two preliminary grounds: First, that the name of one of the sureties to the appeal bond is signed as follows, “ W. E. Stansbury, *502by J. M. ITaynes,” and be insists that, inasmuch as no authority is shown for Haynes to execute the bond as attorney for Stansbury, the signature must be disregarded, and the bond taken as having but one surety, and the appeal dismissed for this supposed irregularity. Second, that the decrees appealed from are not final decrees, and that the…
2Cases cited1 opinion
- Griffin v. MixonMississippi Supreme Court · 1860
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