Cowan v. McCutchen
Mississippi Supreme Court
Error to the circuit court of Warren county. Trimble, J. The plaintiff in error assigns the following errors : 1st. That there was no legal or sufficient service of process upon plaintiff in error. 2d. That judgment by default final was rendered against plaintiff in error, without a writ of inquiry having been first awarded by the court and executed by the jury. The facts are fully stated in the opinion of the court.
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Error to the circuit court of Warren county. Trimble, J. The plaintiff in error assigns the following errors : 1st. That there was no legal or sufficient service of process upon plaintiff in error. 2d. That judgment by default final was rendered against plaintiff in error, without a writ of inquiry having been first awarded by the court and executed by the jury. The facts are fully stated in the opinion of the court. Contended that there was no sufficient and legal service of the writ in this case. The service appears to have been made by one J. S. Irwin as special deputy of M. H. Dixon, the…
1Opinion of the Court
Tarbell, J.:
This suit was brought upon a promissory note, of which the following is a copy, to-wit:
($1016 58.)
“ Yicksburg, 1st July, 1862.
One day after date, I promise to pay to the order of ffm. McOutchen & Co., one thousand and sixteen dollars and fifty-eight cents for value received, with interest from date at 10 per cent, per annum.
(Signed)
Sarah Cowan.”
Defendant did not appear, and judgment by default,v for the full amount of the note and interest, was taken for plaintiff, June 7,1868.
Two grounds of error are assigned, viz : First, That there was no legal service of process; Second, That…
2Cases cited2 opinions
- Jackson v. LamphireSupreme Court of the United States · 1830
- Briscoe v. AnketellMississippi Supreme Court · 1854
3Cited by1 opinion
- Belcher v. MhoonMississippi Supreme Court · 1873