Campbell v. Triplett
Mississippi Supreme Court
From the circuit court of Winston county. The original writ of attachment herein, issued in 1891, was returned by the sheriff of Winston county “No property found. Defendant not found in my county. ’ ’ A similar return was made on an alias writ issued to Attala county; and an alias writ issued to Leflore county was returned ‘ ‘ No property found, ’ ’ but the defendant, Campbell, was summoned in the last mentioned county, which is and then was his place of residence.
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From the circuit court of Winston county. The original writ of attachment herein, issued in 1891, was returned by the sheriff of Winston county “No property found. Defendant not found in my county. ’ ’ A similar return was made on an alias writ issued to Attala county; and an alias writ issued to Leflore county was returned ‘ ‘ No property found, ’ ’ but the defendant, Campbell, was summoned in the last mentioned county, which is and then was his place of residence. At a subsequent term of the circuit court of Winston county, in January, 1893, a judgment by default for the indebtedness was…
1Opinion of the CourtCooper, C. J.
None of the writs of attachment were served as such, and as writs of attachment they go for naught; no jurisdiction in the cause was therefore secured by seizure of the property of the defendant. The writ, as a summons, was served upon the defendant in another county, and on this service the circuit court of Winston county rendered judgment by default against him. The court had no jurisdiction over defendant, and the motion to vacate the judgment should have been sustained. The venue of civil actions of this class is in the county £ £ in which the defendants, or any of them, may be found,”…
2Cases cited1 opinion
- Wolley v. BowieMississippi Supreme Court · 1867
3Cited by4 opinions
- Tchula Commercial Co. v. JacksonMississippi Supreme Court · 1927
- Bryant v. LovittMississippi Supreme Court · 1957
- Cook v. PittsMississippi Supreme Court · 1917
- Perry v. Nolan & MarisMississippi Supreme Court · 1930