Ford v. Coleman
Mississippi Supreme Court
Error to Circuit Court of Carroll county. Hon. Wm. Cothran, judge. Thiswas an action against Eord as owner, and Kopperl as endorser, of a bill of exchange. Kopperl appeared and pleaded, and ■withdrew his plea, and judgment by default was ordered against both defendants. The return of summons of process is in these words: “ executed as to Kopperl, 3d of Oct. 1860, by handing him a copy, and as to W. II.
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Error to Circuit Court of Carroll county. Hon. Wm. Cothran, judge. Thiswas an action against Eord as owner, and Kopperl as endorser, of a bill of exchange. Kopperl appeared and pleaded, and ■withdrew his plea, and judgment by default was ordered against both defendants. The return of summons of process is in these words: “ executed as to Kopperl, 3d of Oct. 1860, by handing him a copy, and as to W. II. Eord by leaving a copy with his clerk at his store (Mr. Ewbanks), who is a free white'person over the age of sixteen, he having no other place of residence and not being found.” (Signed) • E.…
1Opinion of the CourtPeyton, J.
The record in this case shows that the defendants in error brought suit in the Circuit Court of Carroll county, against the plaintiff in error, drawer, and Charles Kopperl, indorser of a bill of exchange, for the sum of $500.
A summons was issued for the defendants, returnable to the October term, 1860, of said court, on which the sheriff made the following return: “ Received October, 1860. Executed as to C. Kopperl, 8d October, 1860, by handing him a copy in person, and as to W. H. Eord, by leaving a copy with his clerk, at his store (Mr. F. Ewbanks), who is a free white person, over the age…
2Cases cited3 opinions
- Merritt v. WhiteMississippi Supreme Court · 1859
- Foster v. SimmonsMississippi Supreme Court · 1866
- Davis v. YerbyMississippi Chancery Courts · 1842