H. Lupkin & Sons v. Russell
Mississippi Supreme Court
Appeal from the circuit court of Coahoma county. Hon. W. A. Alcorn, Jr., 'Judge. Suit by Percy B. Bussell against H. Lupkin & Sons, judgment for plaintiff and defendant appeals. Thereafter, plaintiff’s motion for leave to amend the sheriff’s return of service of process having been overruled, plaintiff applied for a writ of certiorari, order reversed, and the canse with respect to the motion remanded. The facts are fully stated in the opinion of the court.
1Opinion of the CourtSmith, C. J.
This is an appeal from a judgment by default, and' one of the assignments of error is that:
“It appears from the returns of the sheriff on the summons issued in said cause that the same was served on August 25, 1912, which was on Sunday and was an illegal day for the service of the summons, and the judgment rendered thereon was void.”
After the filing of this assignment of error, appellee filed a motion alleging that the return of the sheriff on this summons was erroneous, for the reason that it was in fact served on a day other than Sunday, and praying *744that the cause be postponed to a later…
2Cases cited3 opinions
- Gonzales v. CunninghamSupreme Court of the United States · 1896
- Kelly v. HarrisonMississippi Supreme Court · 1892
- Meyer Bros. v. WhiteheadMississippi Supreme Court · 1884
3Cited by5 opinions
- Brown v. SuttonMississippi Supreme Court · 1929
- Taylor v. F. & C. Contracting Co., Inc.Mississippi Supreme Court · 1978
- Great Southern Life Ins. v. GomillionMississippi Supreme Court · 1927
- Sawdey v. Pagosa Lumber Co.Supreme Court of Colorado · 1925
- United States Clothespin Co. v. Robertson Paper Co.Supreme Court of Vermont · 1927