Anderson Mercantile Co. v. Cudahy Packing Co.

Citations

• 127 Miss. 301
• 90 So. 11

Syllabus

<p>Judgment. Return of service on corporation defendant held instifficient to sustain default judgment.</p> <p>Under section 3932, Code of 1906 (Section 2939, Hemingway’s Code), which provides that, if the defendant in any suit be a corporation, process may be served on the president or other head of the corporation, upon the cashier, secretary, treasurer, clerk, agent, or one of the directors of such corporation, in a case where judgment by default was taken against a corporation defendant in which the return on the process for such defendant recited that it had been personally served by delivering a true copy to the defendant, such judgment by default is void because of a noncompliance with said statute in that the return failed to show-, service on one of the officers or agents named in the statute; a compliance with which in that respect being mandatory and jurisdictional.</p>