Joiner v. Delta Bank
Mississippi Supreme Court
Prom the circuit court of Leflore county. Hon. R. W. Williamson, Judge. The Delta Bank sued P. S. Joiner in the court below. The defendant died after the suit was instituted. The record is silent as to whether he was ever served with process. On the thirteenth day of July, 1892, during a term of coui’t, the cause was revived in the name of the administrator of his estate, and a summons was issued for the administrator, returnable instanter.
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Prom the circuit court of Leflore county. Hon. R. W. Williamson, Judge. The Delta Bank sued P. S. Joiner in the court below. The defendant died after the suit was instituted. The record is silent as to whether he was ever served with process. On the thirteenth day of July, 1892, during a term of coui’t, the cause was revived in the name of the administrator of his estate, and a summons was issued for the administrator, returnable instanter. This summons was executed personally on the administrator July 14, 1892, and the court remained in session eight days thereafter. . No appearance was…
1Opinion of the CourtCampbell, C. J.
The summon^ issued during the term of court, and returnable instanter, was a nullity, and did not confer jurisdiction on the court by virtue of its service. It was not amendable by virtue of § 2286 of the code of 1880, for it was not conformable to law in its command. If it had been returnable *385as required by law — § 1525, code of 1880 — and any matter required to be inserted was omitted, it would have been amendable; but it was, in its frame and purpose, violative of law, and good for nothing — without form and void as a summons — and the person served was under no obligation to pay any…
2Cited by8 opinions
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- Johnson v. StateMississippi Supreme Court · 1947
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