Legal Opinion

Watkins Machine & Foundry Co. v. Cincinnati Rubber Manufacturing Co.

Mississippi Supreme Court

Decided March 15, 1910PublishedCited by 9 opinions

From the circuit court of Forrest county. Hon. William H. Cook:, Judge. The Cincinnati, etc., Company, appellee, was plaintiff in the court below; the Watkins, etc., Company was defendant there. From a default judgment in plaintiff’s favor defendant appealed to the circuit court.

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From the circuit court of Forrest county. Hon. William H. Cook:, Judge. The Cincinnati, etc., Company, appellee, was plaintiff in the court below; the Watkins, etc., Company was defendant there. From a default judgment in plaintiff’s favor defendant appealed to the circuit court. The facts as stated by Anderson, J., were as follows: The appellee, Cincinnati Rubber Manufacturing Company, sued appellant, Watkins Machine & Foundry Company, in the circuit court of Forrest county, on an account for goods, wares, and merchandise, sold appellant by appellee, and recovered a judgment by default at…

1Opinion of the Court

ANDeesoN, I.,

after stating the facts as above, delivered the opinion of the court.

The judgment of the court below was erroneous. Section 3932, Code 1906, prescribes the manner in which process shall be served on a corporation defendant, which -may be in one of *615several ways, namely: “On tbe president or other head of the corporation, upon the cashier, secretary, treasurer, clerk, or agent of the corporation, or upon any one of the directors of such corporation,” etc. It is true the judgment recites that the defendant had been duly and legally served with process; and it is insisted that the…

2Cases cited1 opinion

  1. Alabama & Vicksburg Railway Co. v. BoldingMississippi Supreme Court · 1891

3Cited by9 opinions

  1. First Jackson Securities Corp. v. B. F. Goodrich Co.Mississippi Supreme Court · 1965
  2. Brotherhood of Railroad Trainmen v. AgnewMississippi Supreme Court · 1934
  3. McIntosh v. Munson Road MacHinery Co.Mississippi Supreme Court · 1933
  4. Globe Rutgers Fire Insurance v. SayleMississippi Supreme Court · 1914
  5. Taylor v. F. & C. Contracting Co., Inc.Mississippi Supreme Court · 1978

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