Cox v. Wadlington
Mississippi Supreme Court
Cox v. Wadlington, 4 Miss. 57 (Miss. 1838)
Below, Gave, Prat, Presided, Trial
Cox v. Wadlington
Opinion of the Court
This cause was submitted on a motion to dismiss for the' following reasons:
That no citation has been properly served upon the defendant in error.
The endorsement of service upon the citation in this case is in the following words:
“ By direction of Ramsay M. Cox, I endorse service of the within citation; acknowledged this 11th May, 1836.
S. D. Livingston, Clk.”
The entering of an 'acknowledgment of service of a citation upon its back, by the clerk of the inferior court, is a mode of service unknown to the law, and void.
The cause must, therefore, be dismissed with costs.
Reference
- Status
- Published