Ellis v. Milner

ETHRIDGE, Chief Justice:

Appellant, Lewis Ellis, attacks a default judgment rendered against him by the Circuit Court of Lowndes County in a suit brought by Mrs. Mary R. Milner, appellee, under the Nonresident Motorist Statute. Miss.Code Ann. § 9352-61 (Supp.1964). Ellis contends that it was rendered at the return term when the cause was not triable under the general statute. Mississippi Code Annotated section 1519 (Supp.1964) prohibits a default judgment at the return term, unless “process has been served personally” on the defendant. The question is whether process on the Secretary of State…