Day Lumber & Manufacturing Co. v. Citizens' Bank
Mississippi Supreme Court
Day Lumber & Manufacturing Co. v. Citizens' Bank, 94 Miss. 212 (Miss. 1908)
48 So. 727
Bletcher
Day Lumber & Manufacturing Co. v. Citizens' Bank
Opinion of the Court
delivered the opinion of the court.
It is conceded by appellee that the service of process in this case will not support a judgment by default; but it is insisted that appellant entered an appearance in the cause, which cures the defect in the service. Doubtless this view of the law is correct; but the trouble is that there is no evidence in the record to show that this particular appellant entered such appearance. The appearance was manifestly entered by the other defendants, sued jointly with appellant; but it is too clear for argument that this appearance cannot affect appellant.
Beversed and remanded.
Reference
- Full Case Name
- Day Lumber & Manufacturing Company v. Citizens' Bank
- Status
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- Syllabus
- Judgment by Default. Entry of appearance. Several defendamts. No-process served on one. Order of court. In a suit against several defendants, upon one of whom there was. no valid service of process, a judgment hy default cannot he maintained against the one not served predicated alone of an order-of the trial court allowing “defendants” time within which to-plead, although taken after the 'expiration of the time allowed.