Barker v. Shepard
Mississippi Supreme Court
Error to the Circuit Court of Monroe county. Hon. J. Milton Acker, judge. On the 23d of April, 1860, defendant in error instituted his action against Hubbard Saunders, B. B. Barker, and B. M. Bradford. The summons was returned as to Saunders, “ not found; ” as to Barker, “ executed in person, and handed him a copy; ” as to Bradford, “ executed by leaving a copy at his residence.”
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Error to the Circuit Court of Monroe county. Hon. J. Milton Acker, judge. On the 23d of April, 1860, defendant in error instituted his action against Hubbard Saunders, B. B. Barker, and B. M. Bradford. The summons was returned as to Saunders, “ not found; ” as to Barker, “ executed in person, and handed him a copy; ” as to Bradford, “ executed by leaving a copy at his residence.” At the November Term, 1860, the following entry appears: “ B. H. Shepard, Administrator, Use, etc. v. B. B. Barker et al. “ Came the plaintiff, and defendants, B. B. Barker andB. M. Bradford, by attorneys, and…
1Opinion of the CourtPeyton, J.
The defendant- in error instituted suit in the Circuit Court of Monroe county against the plaintiffs in error and one Hubbard Saunders.
Upon the writ of 'summons the sheriff made the following return: “ Came to hand, and executed on B. M. Bradford, by leaving a copy of this writ at his residence; also on B. B. Barker in person, and handed him a copy of this writ, May the 9th, 1860. Defendant Saunders is not to be found in my county, May the 9th, 1860.”
At the November Term of said Circuit Court the cleifk made the following entry of judgment in this case: “Came the plaintiff by attorneys, and…
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