Kelly v. Harrison
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. The opinion contains a statement of the facts. 1. No action was begun. Section 1522, code 1880, requires more than the filing of a declaration. In this case the defenclant was not served with summons. No valid summons was ever issued, and there was no alias summons. This court will presume that the action of the court below in setting aside the judgment, was correct, since there is no bill of exceptions.
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From the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. The opinion contains a statement of the facts. 1. No action was begun. Section 1522, code 1880, requires more than the filing of a declaration. In this case the defenclant was not served with summons. No valid summons was ever issued, and there was no alias summons. This court will presume that the action of the court below in setting aside the judgment, was correct, since there is no bill of exceptions. It must be presumed that the pretended summons was not, in fact, served. Said statute does not apply where the defendant…
1Opinion of the CourtCooper, J.
This suit is upon a promissory note, due November 17,1879. On the 6th of December, 1883, the plaintiff filed his declaration in the circuit coart clerk’s office of Lauderdale couuty, and summons was issued on the 7th. By it the defendant was warned to appear before “ the honorable circuit court of said county, next to be holden in and for said county at the court-house thereof in the town of Meridian, on the 1st Monday of January, 1883.” The writ bears date December 7, 1883, and the date of the return-day, as set forth, was, of course, long passed. On the first day of January the sheriff…
2Cases cited4 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Meyer Bros. v. WhiteheadMississippi Supreme Court · 1884
- Peck v. StraussCalifornia Supreme Court · 1867
- Allen v. DickenMississippi Supreme Court · 1885
3Cited by20 opinions
- First Jackson Securities Corp. v. B. F. Goodrich Co.Mississippi Supreme Court · 1965
- Fredrick Smith Enterprise Co. v. LucasMississippi Supreme Court · 1948
- Cotton v. HarlanMississippi Supreme Court · 1920
- Honeywell v. AaronMississippi Supreme Court · 1956
- Sodini v. SodiniSupreme Court of Minnesota · 1905
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