Rankin v. Dulaney
Mississippi Supreme Court
Error to the circuit court of Hinds county. Watts, J. Plaintiff in error assigned the following error: The service and return of process upon the plaintiffs in error were illegal, and the judgment by default taken upon the same against the plaintiffs in error, was void.
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Error to the circuit court of Hinds county. Watts, J. Plaintiff in error assigned the following error: The service and return of process upon the plaintiffs in error were illegal, and the judgment by default taken upon the same against the plaintiffs in error, was void. The main ground relied upon for a reversal in this case is, that the service of process on the plaintiffs in error was irregular and void. [The return of the ■ officer is given in the opinion of the court.] After the repeated adjudications upon this point, it is deemed unnecessary to refer to authorities, but we simply insist…
1Opinion of the Court
Tarbell, J.:
This suit was commenced by attachment in the court below, under the Revised Code of 1857, chapter 52, p. 372. The declaration was upon an open account. The defendants did not appear, and judgment by default was rendered against them in favor of the plaintiff, for the amount claimed. The only error assigned, is the insufficiency of the sheriff’s return of service of process, which is in the words and figures following, to-wit:
“ Executed by serving the within attachment, personally, *202on Thos. Rankin, John Salter, and James Wiley, and levying' on fourteen bales of cotton, the property…
2Cases cited10 opinions
- Merritt v. WhiteMississippi Supreme Court · 1859
- Robertson v. JohnsonMississippi Supreme Court · 1866
- Crizer v. GorrenMississippi Supreme Court · 1867
- Foster v. SimmonsMississippi Supreme Court · 1866
- Wolley v. BowieMississippi Supreme Court · 1867
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3Cited by3 opinions
- McGrath Corp. v. Vera Cruz Cia. Naviera, S.A.Mississippi Supreme Court · 1971
- Dogan v. BarnesMississippi Supreme Court · 1898
- Green v. CoitOhio Supreme Court · 1909