French v. State ex rel. Felding
Mississippi Supreme Court
Error to the Circuit Court of Lincoln County. Hon. James M. Smiley, Judge. 1. It was error to enter the judgment by default against French and the others, sureties on the tax-collector’s bond, because the summons had not been returned properly executed as to French.
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Error to the Circuit Court of Lincoln County. Hon. James M. Smiley, Judge. 1. It was error to enter the judgment by default against French and the others, sureties on the tax-collector’s bond, because the summons had not been returned properly executed as to French. Smith v. Bradley, 6 S. & M. 485; Campbell v. Hays, 41 Miss. 561. 2. The act under which the proceeding was instituted having been repealed by the act of 28th January, 1876 (acts 1876, p. 36), before judgment, the court was ousted of jurisdiction, there being no saving clause in the repealing statute. Hunt v. Jennings, 5 Blackf.…
1Opinion of the CourtChalmers, J.
The return of service on French was in these words : “ Executed personally on O. C. French, by exhibiting and reading to him the contents .of this writ.” This is bad, because it fails to show, or rather impliedly negatives, the delivery of a copy of the writ. The judgment by default as to him was erroneous.
The second section of “ An Act to provide for service of process against partners, and for other purposes ” (acts of 1876, pp. 35, 36), authorizes us, on appeals or writs of errors from judgments against joint and several obligors and con*653tractors, “ to reverse the judgment as to one or more…
2Cases cited1 opinion
- Musgrove v. Vicksburg & Nashville R. R.Mississippi Supreme Court · 1874
3Cited by15 opinions
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- Johnson v. ReevesMississippi Supreme Court · 1916
- Bradstreet Co. v. City of JacksonMississippi Supreme Court · 1902
- American Railroad Co. v. HernándezSupreme Court of Puerto Rico · 1905
- International Trust Co. v. PrestonWyoming Supreme Court · 1916
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