Germain v. Harwell
Mississippi Supreme Court
Germain v. Harwell, 103 Miss. 521 (Miss. 1912)
60 So. 212
Smith
Germain v. Harwell
Opinion of the Court
delivered the opinion of the court.
This motion must he remanded to the docket, for the reason that we are not advised by certificate or otherwise that rule No. 16 (59 South. IX), requiring three days’ notice to the opposite party, has been complied with. There is an unsigned memorandum of “copy served” at the bottom of this notice; but this is not sufficient. Counsel may advise the court that this rule has been complied with by a proper certificate, which must not only be signed, but must show what was in fact done in complying with the rule.
Remanded to docket.
Reference
- Full Case Name
- Mrs. Louisa C. Germain v. J. M. Harwell
- Status
- Published
- Syllabus
- Appear and Error. Notice. Certification. Rule 16. The proper method for counsel to advise the supreme court that its rule number 16, requiring three days’ notice to the opposite party, has been complied with is by proper certificate, which must not only be signed, but must show what was in fact done in complying with the rule. A mere unsigned memorandum of “copy served” at the bottom of the notice is not sufficient.