City of Meridian v. Trussell
Mississippi Supreme Court
Error to the Circuit Court of Lauderdale County. Hon. Robert Leaci-imaN, Judge. The only material facts in the case appear in the opinion of the court. It is assigned as error: 1. It was error to render judgment by default without proof that E. Y. Early was mayor of the city of Meridian at the time the process purports to have been served upon him. 2. It was error to refuse to set aside the judgment and allow the defendant to plead to the action.
1Opinion of the CourtCampbell, J.
Defendant in error sued the city of Meridian in ejectment. Summons was returned by the sheriff, executed, ‘ ‘ by delivering to E. V. Early, mayor of the city of Meridian, a true copy of the same, this 11th November, 1874.” At the May term, A. D., 1875, a judgment by default was taken on the 17th May. Early had ceased tó be mayor, and Shearer had become such. On the 18th of May a motion was made by the city authorities to set aside the judgment by default, rendered the day before, and to set aside and vacate the return of the sheriff on the summons. In support of the motion an affidavit of E.…
2Cited by6 opinions
- Bell v. City of Bay St. LouisMississippi Supreme Court · 1985
- Southwestern Surety Ins. v. TreadwayMississippi Supreme Court · 1916
- Tonkel v. WilliamsMississippi Supreme Court · 1927
- Alexander v. HylandMississippi Supreme Court · 1950
- Southern Express Co. v. HuntMississippi Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.