Duncan v. Gerdine
Mississippi Supreme Court
Appeal from the Chancery Court of Clay County. Hon. E. A. Ceitz, Chancellor, did not preside in this case, but counsellor Geoege A. Evans acted as chancellor pro hac vice.
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Appeal from the Chancery Court of Clay County. Hon. E. A. Ceitz, Chancellor, did not preside in this case, but counsellor Geoege A. Evans acted as chancellor pro hac vice. After the appellant’s husband failed to sustain his attack on the judgment which the appellees’ testator had obtained against her in the Circuit Court, Duncan v. Robertson, 57 Miss. 820, she filed a bill assailing this judgment under the married woman’s law, and when that position was lost (Duncan v. Robertson, 58 Miss. 890) she obtained leave to file an amended bill, which alleged that the law court had no jurisdiction,…
1Opinion of the CourtCooper, J.
We are satisfied from an examination of the record that the Chancellor rightly found as a fact, that the summons issued in the proceedings at law, in the suit of Robertson v. Duncan, was returned by the deputy sheriff Miller, as having been by him executed personally upon Mrs. Duncan and her husband, and we shall consider the case just as if the original summons with the return thereon was still among the files of the papers in said suit. The questions thus presented, aside from those going to the competency of the witnesses, to whose testimony exceptions were taken, are two : —
First, is it…
2Cases cited3 opinions
- Sivley v. SummersMississippi Supreme Court · 1880
- Strickland v. HudsonMississippi Supreme Court · 1877
- Crawford v. RedusMississippi Supreme Court · 1877
3Cited by19 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- State v. HillSupreme Court of Arkansas · 1887
- Whittington v. WhittingtonMississippi Supreme Court · 1988
- Ray v. HarrisonSupreme Court of Oklahoma · 1912
- William Scott Ashwell v. State of MississippiMississippi Supreme Court · 2017
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