Moody v. Lyles
Mississippi Supreme Court
Error to the circuit court of Clarke county. HANCOCK, J. The plaintiffs in error assign several errors, only one of which is considered by the court in disposing of the case. It is, 1st. The court erred in proceeding to judgment without service of process on defendant, Payne. The judgment must be reversed, because it was rendered without service of process upon, or plea by Payne, or any appearance for him.
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Error to the circuit court of Clarke county. HANCOCK, J. The plaintiffs in error assign several errors, only one of which is considered by the court in disposing of the case. It is, 1st. The court erred in proceeding to judgment without service of process on defendant, Payne. The judgment must be reversed, because it was rendered without service of process upon, or plea by Payne, or any appearance for him. But had the service been good on Payne, the judgment would be irregular without plea or appearance. A joint judgment, erroneous as to one, is erroneous as to all. This case is brought here…
1Opinion of the Court
Taebell, J.:
This is an action of trover, brought by J as. M. Lyles, against L. B. Moody, J. W. O’Farrell, and A. A. Payne, partners, doing business at Enterprise, Miss., under the firm, name and style of “ Moody, O’Farrell & Co.,” to recover the value of a quantity of cotton claimed in the declaration as the property of plaintiff, and alleged to have been converted by defendants in 1865. Suit was commenced in 1866.
Process was served upon Moody and O’Farrell, .but not upon Payne. Moody and O’Farrell appeared and defended. Payne did not appear. Otherwise than the plea of Moody and O’Farrell,…
2Cases cited3 opinions
- Tappan v. BruenMassachusetts Supreme Judicial Court · 1809
- Manufacturers' & Mechanics' Bank of the Northern Liberties of the County of Philadelphia v. BoydNew York Supreme Court · 1846
- Baldwin v. McKayMississippi Supreme Court · 1867
3Cited by2 opinions
- Wilbur v. AbbotSupreme Court of New Hampshire · 1880
- Webber v. Everman & Co.Mississippi Supreme Court · 1872