Legal Opinion

Delta Auction & Real Estate Co. v. Pirate's Inn Restaurant, Inc.

Mississippi Supreme Court

Decided September 5, 1979No. 51384Published

1Opinion

ON THE MERITS

In Superior, supra, the court quoted from Masonite Corporation v. Burnham, 164 Miss. 840, 146 So. 292, 293, 91 A.L.R. 752 (1933), “The fact of the appointment of such an agent must be proven,” and from Ex Parte Latham, 161 Miss. 243, 136 So. 625 (1931), “[i]t is to state an obvious requirement of our practice that the fact of the service of notice or citation must be officially shown of record, without which the court cannot proceed to judgment.”

In Superior, supra, 200 Miss, at 792, 29 So.2d at 117, it said:

When this is done, [supplemental record stricken] the record of the case…

2Cases cited3 opinions

  1. Masonite Corp. v. BurnhamMississippi Supreme Court · 1933
  2. Globe Rutgers Fire Insurance v. SayleMississippi Supreme Court · 1914
  3. Ex Parte LathamMississippi Supreme Court · 1931

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