Wood v. Page & Moran
Mississippi Supreme Court
Error to the Circuit Court of Pike County. Hon. J. M. Smiley, Judge. This was a suit in attachment, by the defendants in error-against John R. Wood, the plaintiff in error, who was a nonresident of the state. There was no personal service of process on the defendant, and no appearance entered by him in the case.
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Error to the Circuit Court of Pike County. Hon. J. M. Smiley, Judge. This was a suit in attachment, by the defendants in error-against John R. Wood, the plaintiff in error, who was a nonresident of the state. There was no personal service of process on the defendant, and no appearance entered by him in the case. But a judgment by default was rendered against, him, on proof of publication of notice. 1. The most exact compliance with the statute providing ■constructive notice is required. Zachary & Kerr v. Bowers, 1 Smed. & M. 584. The mode of proving pitblication of notice to a non-resident…
1Opinion of the CourtSimrall, C. J.
The assignment of error most seriously pressed is insufficient proof of publication against the non-resident, and of mailing notice to him.
The defect alleged in the former is the omission of the clerk, before whom the publisher of the newspaper made affidavit, to certify that he compared the numbers and dates with the files of the paper, and found them to correspond with the recitals in the affidavit. The defect in the latter is that the clerk failed to attach to his certificate that he had mailed the notice to the debtor’s post-office, a copy of it, the certificate referring to such copy as…
2Cases cited2 opinions
- Erwin v. HeathMississippi Supreme Court · 1874
- Moore v. WilliamsMississippi Supreme Court · 1870