Morehead v. Chaffe
Mississippi Supreme Court
Error to the Circuit Court of Washington County. Hon. C. C. Shackleford, Judge. . The sufficiency of the sheriff’s return on the summons is the only question involved, and the return is set out in the opinion of the court. It is assigned for error that the judgment was rendered upon an insufficient return of the summons, and that an alias summons should have .been awarded.
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Error to the Circuit Court of Washington County. Hon. C. C. Shackleford, Judge. . The sufficiency of the sheriff’s return on the summons is the only question involved, and the return is set out in the opinion of the court. It is assigned for error that the judgment was rendered upon an insufficient return of the summons, and that an alias summons should have .been awarded. Cited Code of 1871, § 701. The return must show an affirmative compliance with the statute. 44 Miss., 293-543; ib., 246; 46 Miss., 72. , Cited the Code of 1871, § 701. By comparing the return with the statute, we find it is…
1Opinion of the CourtCampbell, J.
The question is as to the sufficiency of the return of service of the summons .to warrant the judgment by default. The return is in these words, viz. : ‘ ‘ Beturned — exe'cuted the within lirocess by handing to Mr. Boby, a person of his family, of the *162age of 16 years, at bis usual place of abode in my county, such person being then and there willing to receive the same, a true copy of this process, said defendant not being found in my county, after diligent search. This 8th day of April, 1874.
“O. WiNSLow, Sheriff.
“E. E. EubáNk, D. S.”
By reading the return of the sheriff in connection with the…
2Cited by1 opinion
- Robison v. MillerMississippi Supreme Court · 1879