Bacon v. S. Bevan & Co.
Mississippi Supreme Court
Error to the circuit court of Lee county. LoveRING, J. The plaintiffs in error assigned the following errors: 1st. Said circuit court rendered judgment by default against said defendant without service of process, and against W. A. Bacon, without proof of acknowledgement endorsed on said process. 2d. Judgment by default was rendered against H. T. A. Bacon, at the return term of the process, without personal service. 3d.
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Error to the circuit court of Lee county. LoveRING, J. The plaintiffs in error assigned the following errors: 1st. Said circuit court rendered judgment by default against said defendant without service of process, and against W. A. Bacon, without proof of acknowledgement endorsed on said process. 2d. Judgment by default was rendered against H. T. A. Bacon, at the return term of the process, without personal service. 3d. The record shows said H. T. A. Bacon was a married woman, the alleged maker of the note, and there are no averments to show she was liable thereon; judgment is therefore…
1Opinion of the Court
SlMRALU, J'.:
The points for decision in this case are, 1st. As to the sufficiency of the service of the writ upon W. T. A. Bacon; 2d. Could any judgment be rendered against him; 3d. Was the service good as to Mrs. H. T. A. Bacon, and could the plaintiff, if the service was proper, take judgment against her by default, she being a married woman.
We think the return of the sheriff as to the manner he executed the summons on Mrs. Bacon discloses a substantial compliance with the statute. We are not inclined to indulge nice criticisms of the words used by the sheriff in describing the act done. If…
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