Foster v. Simmons
Mississippi Supreme Court
Error to Chancery Court of Panola county. lion. James F. Trotter, judge. contended, 1. That process from the chancery courts must be executed in the same manner as like process from the circuit courts. Rev. Code, 544, article 2t. 2. That the sheriff is required to return all process with a ■written statement of his proceedings thereon. Rev. Code, 489, articles 63, 64. 3. That the return as to Thornton was defective.
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Error to Chancery Court of Panola county. lion. James F. Trotter, judge. contended, 1. That process from the chancery courts must be executed in the same manner as like process from the circuit courts. Rev. Code, 544, article 2t. 2. That the sheriff is required to return all process with a ■written statement of his proceedings thereon. Rev. Code, 489, articles 63, 64. 3. That the return as to Thornton was defective. The state of facts must be shown to have existed which authorized service by leaving a copy of the process with the defendant’s wife. Merritt v. White, 31 Miss. R. 439, 440. 4.…
1Opinion of the CourtEllett, J.
The bill of complaint in this ease was taken for confessed in the court below, and the cause was heard and final decree rendered, without the appearance of any of the defendants.
The subpoena was only executed on Foster, but the return as to Thornton showed an insufficient service. The return as to the latter is in these words: “ Executed on II. E. Thornton by leaving a true copy of the original at his residence in the hands of Iris wife.” This court has decided in the case of W. A. Robertson v. A. C. Johnson, at April Term, 1866, that the rule laid down in the case of Merritt v. White, 31…
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