Southern Express Co. v. Hunt
Mississippi Supreme Court
Error to the Circuit Court of Lee County. Hon. J. A. Green, Judge. Jesse Hunt filed his declaration in trespass on the case against the Southern Express Company, Aug. 15,1877, for the loss of a bee-hive model and a model of a corn-planter and fertilizer distributor, alleged to be together Avorth $500. A summons issued the same day, returnable Aug. 20, 1877, was returned: — “ Executed the within process this day in person on J. W. Armstrong, agent of the Southern Express…
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Error to the Circuit Court of Lee County. Hon. J. A. Green, Judge. Jesse Hunt filed his declaration in trespass on the case against the Southern Express Company, Aug. 15,1877, for the loss of a bee-hive model and a model of a corn-planter and fertilizer distributor, alleged to be together Avorth $500. A summons issued the same day, returnable Aug. 20, 1877, was returned: — “ Executed the within process this day in person on J. W. Armstrong, agent of the Southern Express Company, at Saltillo by handing to him a true copy thereof. “Osgood Taylor, “Aug. 15, 1877. Sheriff Lee County.” At the…
1Opinion of the CourtChalmeks, J.
The judgment by default was improper. The act of March 4, 1873 (Acts 1873, p. 82), only authorizes service of process against express, railroad and telegraph companies to be made *666upon local agents of the corporation “if the president or other principal officers of said corporation cannot be found in the county in which suit is brought.” It is apparent, therefore, that the president or other principal officer is the party primarily to be served, and that the impossibility of finding him in the county is a condition precedent to the right to serve on the local agent. The officer, therefore, who…
2Cases cited2 opinions
- Foster v. SimmonsMississippi Supreme Court · 1866
- City of Meridian v. TrussellMississippi Supreme Court · 1876
3Cited by3 opinions
- Certain-Teed Products Corporation v. WallingerCourt of Appeals for the Fourth Circuit · 1937
- Drew Lumber Co. v. WalterSupreme Court of Florida · 1903
- Caro Bros. v. O. & C. R. R.Oregon Supreme Court · 1883