Parker v. Johnson
Mississippi Supreme Court
Error to the circuit court of Yalobusha county. Cothran, J. Contended that the judgment by default was erroneous, because of the insufficiency of the service of process on the defendant in the court below. 41 Miss. 553, 554.
1Opinion of the Court
Tarbell, J.:
Action of assumpsit; judgment by default on insufficient return of service of summons in 1858 ; writ of error in 1869 ; citation was served on the attorney of record of Johnson; afterward the death of Johnson was suggested, and scire facias was personally served on M. Ellis, his administrator, in 1871. There is no appearance in this court, by or for the defendant in error. The only error assigned is, that “ the court erred in rendering judgment by default, because there was no sufficient return on the writ to justify it.”
Although a plea of the statute of limitations, Code of 1857,…
2Cited by4 opinions
- Shelton & Luck v. SydnorSupreme Court of Virginia · 1920
- Farmer v. AllenMississippi Supreme Court · 1904
- Lewis v. BuckleyMississippi Supreme Court · 1895
- Town of Tutwiler v. GibsonMississippi Supreme Court · 1918