Continental Insurance v. Mansfield
Mississippi Supreme Court
Error to circuit court of Hinds county, 1st district. Watts, J. The facts of the case distinctly appear in the arguments of counsel and the opinion of the court. 1st. One of the first principles of natural justice forbids that a judgment should be rendered against any one, or his estate, until after due notice, by service of process, to appear and defend. This principle is only to be departed from in cases expressly warranted by law and excepted out of the general rule.
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Error to circuit court of Hinds county, 1st district. Watts, J. The facts of the case distinctly appear in the arguments of counsel and the opinion of the court. 1st. One of the first principles of natural justice forbids that a judgment should be rendered against any one, or his estate, until after due notice, by service of process, to appear and defend. This principle is only to be departed from in cases expressly warranted by law and excepted out of the general rule. D’ Arcy v. Ketcham et ah, 11 How. (U. S.) 165-174 ; 2 Kent’s Com. 108-109. Judgment without service of process or appearance…
1Opinion of the Court
Tarbell, J.:
The complaint in this case is in the name of “A. S. Mansfield, who sues for the use of Henrietta A.. Richardson, plaintiff, by attorney,” etc., against “The Continental Insurance Company of the city of New York, defendant,” etc., “of a plea of trespass on the case on promises, for that whereas, heretofore at Jackson, Miss., etc. Then follows in extenso a copy of the policy of insurance sued on. The summons is directed to the sheriff of Hinds county, and requires him to summon “The Continental Insurance Company of the city of New York, if to be found in his county. The sheriff made…
2Cited by1 opinion
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