Moore v. Williams
Mississippi Supreme Court
Error to the circuit court of Scott county. Watts, J. ■ -1st. That plaintiff iii error, at the time said judgment was rendered against him, had no notice, actual or constructive, that said suit was pending against him. 2d. That he was a' non-resident of the state j and the facts in the case require an order of publication in some newspaper ; which publication was not made. 3d.
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Error to the circuit court of Scott county. Watts, J. ■ -1st. That plaintiff iii error, at the time said judgment was rendered against him, had no notice, actual or constructive, that said suit was pending against him. 2d. That he was a' non-resident of the state j and the facts in the case require an order of publication in some newspaper ; which publication was not made. 3d. The requirements of the attachment laws of the state were not complied with, in that there was no order of publication in a newspaper. 4th. The order for' publication that' was made, was not by the proper authority, or…
1Opinion of the Court
SlMRALL, J.:
The single point for solution is whether the plaintiff in error, C. L. Moore, who was sued in attachment as a nonresident, had legal constructive notice of the suit. The writ was executed by a levy on the lands of the debtor, and notice was given by posting advertisement at five public places, and by a notice from the clerk, sent through the mail, or deposited in the post-office for transmission, addressed to him at Osceola, Arkansas.
Under the act of 1852, § 11, attachments against non-resi-deht-s shall be subject “ to the same rules, regulations, and restrictions ” that apply to…
2Cases cited1 opinion
- Ridley v. RidleyCourt of Appeals of Mississippi · 1852
3Cited by2 opinions
- Erwin v. HeathMississippi Supreme Court · 1874
- Wood v. Page & MoranMississippi Supreme Court · 1877