Hawkins & Co. v. McAlister
Mississippi Supreme Court
Thom the circuit court of Simpson county. Hon. John R. Enochs, Judge. Hawkins & Company, a corporation, the appellant, was plaintiff in the court below; McAlister was defendant, and Waldrop, the appellee, claimant there. From a judgment on a claimant’s issue in favor of the claimant the plaintiff appealed to the supreme court. A writ of attachment was sued out by plaintiff against defendant, McAlister, in a justice of the peace’s court in Simpson county.
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Thom the circuit court of Simpson county. Hon. John R. Enochs, Judge. Hawkins & Company, a corporation, the appellant, was plaintiff in the court below; McAlister was defendant, and Waldrop, the appellee, claimant there. From a judgment on a claimant’s issue in favor of the claimant the plaintiff appealed to the supreme court. A writ of attachment was sued out by plaintiff against defendant, McAlister, in a justice of the peace’s court in Simpson county. The writ was addressed-to-“the constable or any lawful officer of said county.” The writ was delivered to the sheriff, who executed it by…
1Opinion of the CourtTeuly, J.
The judgment of the plaintiff in attachment, Hawkins & Company, against McAlister, the defendant in attachment, ren*87dered lay the justice of the peace, was not void on account of the irregularity in the process. No strict adherence to form is absolutely necessary in summoning a defendant to answer a suit instituted against him. In the case at bar a summons for McAlister was personally served in due time, and the fact that the return of the officer was made upon a summons not directed to him, hut to another officer, who had failed to execute it, does not affect the validity or regularity of the…
2Cited by1 opinion
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