Legal Opinion

S & M Trucking, LLC v. Rogers Oil Co. of Columbia

Court of Appeals of Mississippi

Decided June 7, 2016No. 2015-CA-00526-COAPublishedCited by 1 opinion

1Opinion of the Court

WILSON, J.,

for the Court:

¶ 1. Rogers Oil Company of Columbia Inc. (Rogers Oil) filed suit against S & M Trucking LLC (S & M) in circuit court to collect an alleged debt. After it was unable to serve S & M’s agent or either of its members, Rogers Oil attempted service through the Secretary of State pursuant to Mississippi Code Annotated section 79-35-13(b) (Rev.2013). S & M did not answer within thirty days, and Rogers Oil then obtained a default judgment. When S & M later learned of the default judgment, it moved to set it aside, arguing that it was void due to improper service of process.…

2Cases cited16 opinions

  1. Rains v. GardnerMississippi Supreme Court · 1999
  2. Cathy Ann Glater v. Eli Lilly & Co.Court of Appeals for the First Circuit · 1983
  3. Kirk v. PopeMississippi Supreme Court · 2007
  4. Overbey v. MurrayMississippi Supreme Court · 1990
  5. Young v. Huron Smith Oil Co., Inc.Mississippi Supreme Court · 1990

11 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. North Dallas Bank & Trust Co. v. John M. MabryCourt of Appeals of Mississippi · 2018

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