American Surety Co. v. City of Holly Springs
Mississippi Supreme Court
From tbe circuit court of Marshall county. HoN. Z. M. Stephens, Judges Tbe city of Holly Springs, tbe appellee, was tbe plaintiff in the court below; tbe American Surety Company, the appellant, was defendant there. The facts are stated in tbe opinion of tbe court.
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From tbe circuit court of Marshall county. HoN. Z. M. Stephens, Judges Tbe city of Holly Springs, tbe appellee, was tbe plaintiff in the court below; tbe American Surety Company, the appellant, was defendant there. The facts are stated in tbe opinion of tbe court. Tlie act of February 10, 1894, by its third section, provides that all surety companies doing business in tbe state of Mississippi shall appoint, in writing, tbe secretary of state as tbe attorney of such company, in and for tbe state, upon whom all lawful process in actions or proceedings against tbe company may be served with the…
1Opinion of the CourtTerral, J.
The city of ITollv Springs sued the Memphis Well Company and the American Surety Company, of New York, in the circuit court of Marshall county, in assumpsit, for $1,000 damages for breach of contract. A summons was issued to said county for the defendants, and it was returned not found as to both of them; a duplicate summons was issued to ITinds county, and was there served upon J. L. Power, secretary -of state. At the ensuing term of court the plaintiff dismissed its suit as to the Memphis Well Company, and took judgment by default against the American Surety Company, and upon a writ of…
2Cases cited1 opinion
- Wolley v. BowieMississippi Supreme Court · 1867
3Cited by4 opinions
- Sandford v. Dixie Const. Co.Mississippi Supreme Court · 1930
- Tchula Commercial Co. v. JacksonMississippi Supreme Court · 1927
- Bouchillon v. JordanDistrict Court, S.D. Mississippi · 1941
- Alabama Power Co. v. JacksonMississippi Supreme Court · 1938