McLeod v. Shelton
Mississippi Supreme Court
Error to tbe Circuit Court of Noxubee county. Hon. H. W. Foote, judge. Action by defendants in error on an open account against plaintiff in error as tbe executor of W. McLeod, in Circuit Court of Noxubee county. Original and. alias summons to Noxubee county returned not found. Pluries summons to Sun flower county returned executed.
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Error to tbe Circuit Court of Noxubee county. Hon. H. W. Foote, judge. Action by defendants in error on an open account against plaintiff in error as tbe executor of W. McLeod, in Circuit Court of Noxubee county. Original and. alias summons to Noxubee county returned not found. Pluries summons to Sun flower county returned executed. At tlie term next succeeding the execution of the pluries summons, plaintiff in error appeared and moved to change the venue to Sunflower county, on the ground that he was a resident freeholder of that county. It was shown by defendants in error that the testator…
1Opinion of the CourtShackelford, C. J.
This is an action of assumpsit instituted in the Circuit Court of Noxubee county by defendants in error, upon an open account against the plaintiff in error, as executor of estate of William McLeod, deceased.
A summons was issued to the county of Noxubee, for plaintiff in error, and returned not found, and an alias and pluries capias ad respondendmn were issued to the county of Sunflower, and the last writ executed.
An affidavit was filed as the return term of the writ by plaintiff in error, that he was ^ resident and freeholder of Sunflower county at the time of "the institution of the suit,…
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